Premier Tyres Staff & Workers ... vs The Labour Commissioner
2022 Latest Caselaw 3331 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
     TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                        WP(C) NO. 9131 OF 2022
PETITIONER:

          PREMIER TYRES STAFF & WORKERS ORGANISATION (PTSWO)
          BEARING REG.NO.107/1985,
          AFFILIATED TO BMS WITH OFFICE ADDRESS AT BMS MEGHALA
          OFFICE, UDYOGAMANDAL-683 501,
          REPRESENTED BY ITS GENERAL SECRETARY SRI.KANNAN.S.

          BY ADVS.
          ALEX.M.SCARIA
          A.J.RIYAS
          SARITHA THOMAS
          ALEN J. CHERUVIL


RESPONDENTS:

    1     THE LABOUR COMMISSIONER,
          PATTOOR PMG ROAD, UNIVERSITY OF EKRALA SENATE HOUSE
          CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695 033.

    2     THE REGIONAL JOINT LABOUR COMMISSIONER,
          KAKKANAD, ERNAKULAM-682 030.

    3     THE DISTRICT LABOUR OFFICER,
          KAKKANAD, ERNAKULAM-682 030.

    4     M/S. PTL ENTERPRISES LTD.(PREMIER TYRES),
          REPRESENTED BY ITS MANAGING DIRECTOR, 3RD FLOOR,
          AREEKAL MANSION, PANAMPILLY NAGAR, ERNAKULAM-682 036.

    5     THE UNIT HEAD, M/S. PTL ENTERPRISES LTD(PERMIER TYRES),
          KALAMASSERY UNIT, KALAMASSERY-683 104.

    6     THE DIBVISIONAL HEAD (HR & ADMINISTRATION),
          M/S. PTL ENTERPRISES LTD.(PREMIER TYRES), KALAMASSERY
          UNIT, KALAMASSERY-683 104.

    7     THE REGISTRAR OF TRADE UNIONS,
          COMMISSIONERATE OF LABOUR, LABOUR BHAVAN, VIKAS BHAVAN,
          THIRUVANANTHAPURAM-695 033.
 WP(C) NO. 9131 OF 2022
                                   -2-

    8          STATE OF KERALA,
               REPRESENTED BY THE PRINCIPAL SECRETARY TO
               GOVERNMENT, DEPARTMENT OF LABOUR & EMPLOYMENT,
               SECRETARIAT, THIRUVANANTHAPURAM-695 001.

           BY ADVS.
           SRI JUSTIN JACOB, SR. GP
           P.BENNY THOMAS
           D.PREM KAMATH
           TOM THOMAS (KAKKUZHIYIL)
           ABEL TOM BENNY
           JYOTHISH KRISHNA
           KURIAN OOMMEN THERAKATH
           JAIKRISHNAN.M.PISHARODI


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   22.03.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 9131 OF 2022
                                 -3-


                               JUDGMENT

Petitioner has approached this Court with the

following prayers:

"i. issue a Writ of Mandamus, or any other appropriate writ, order or direction directing the respondents 1 and 2 to ensure that the 5 th and 6th respondents are permitting the petitioner to participate in the discussions regarding the revision of salary and other emoluments of workers under the 5th respondent by way of long term contract;

ii. Issue a Writ of Certiorari or any other appropriate Writ, order or direction to quash Exhibits P-15 and P16;

iii. to issue a Writ of Mandamus or other appropriate writ or direction to the 7 th respondent to conduct referendum under the Recognition of Trade Union Act, 2010 in the Unit under 5 th respondent within a time frame to fixed by this honourable court;

and

iv. issue such other Writ, order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of this case."

2. An objection has been taken qua the

maintainability of the prayer by relying upon the

provisions of Section 4 of the Kerala Recognition of Trade WP(C) NO. 9131 OF 2022

Unions Act, 2010 which deals with recognition. It is a

matter of fact that the petitioner is a registered union but

has so far not been recognized. Since the petitioner has

an alternative remedy for recognition and in case

recognition is granted, reliefs as sought can always be

looked into. Section 4 of the Trade Union Act, 1926 reads

as under:

"4.Mode of registration.-[(1)] Any seven or more members of a Trade Union may, by subscribing their names to the rules of the Trade Union and by otherwise complying with the provisions of this Act with respect to registration, apply for registration of the Trade Union under this Act:

[Provided that no Trade Union of workmen shall be registered unless at least ten per cent, or one hundred of the workmen, whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such Trade Union on the date of making of application for registration:

Provided further that no Trade Union of workmen shall be registered unless it has on the date of making application not less than seven persons as its members, who are workmen engaged or WP(C) NO. 9131 OF 2022

employed in the establishment or industry with which it is connected.]

[(2) Where an application has been made under sub-section (1) for the registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the Trade Union, some of the applicants, but not exceeding half of the total number of persons who made the application, have ceased to be members of the Trade Union or have given notice in writing to the Registrar dissociating themselves from the application.]"

By looking at the provisions, this Court would not be

justified in warranting interference as sought for, instead

relegate the petitioner to avail the remedy as per the

provisions aforementioned.

Sd/-

AMIT RAWAL JUDGE

vv WP(C) NO. 9131 OF 2022

APPENDIX OF WP(C) 9131/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE COVERING LETTER DATED 13.01.2022 BY WHICH THE ANNUAL RETURNS OF THE PETITIONER WAS SUBMITTED WITH THE OFFICE OF THE DEPUTY REGISTRAR OF TRADE UNIONS, KAKKANAD.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 21.06.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 12.07.2021 SUBMITTED BY THE PETITIONER UNDER THE RTI ACT BEFORE THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPLY DATED 28.07.2021 RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE APPLICATION DATED 19.11.2021 SUBMITTED BY THE PETITIONER UNDER THE RTI ACT BEFORE THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE REPLY DATED 22.11.2021 RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE LETTER DATED 31.07.2021 ISSUED BY THE 6TH RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF LETTER NO.IR-1615/2021 DATED 10.08.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED WP(C) NO. 9131 OF 2022

11.08.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P11 TRUE COPY OF THE EXPLANATION LETTER DATED 07.10.2021 ISSUED BY THE 6TH RESPONDENT.

Exhibit P12 TRUE COPY OF THE DIRECTION DATED 28.10.2021 BEARING NO.IR2209/2021 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT.

Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 28.11.2021 SUBMITTED BY THE PETITIONER THE 1ST RESPONDENT.

Exhibit P14 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT ON 10.12.2021.

Exhibit P15 TRUE COPY OF THE LETTER DATED 24.11.2021 ISSUED BY THE 6TH RESPONDENT.

Exhibit P16 TRUE COPY OF THE LETTER DATED 27.11.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P17 TRUE COPY OF THE REPRESENTATION DATED 28.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR DEPARTMENT OF LABOUR & EMPLOYMENT AFFAIRS.

Exhibit P18 TRUE COPY OF THE REPLY ISSUED BY THE 1ST RESPONDENT FOR THE REPRESENTATION DATED 16.12.2021 SUBMITTED BY THE PETITIONER TO THE HONOURABLE PRME MINISTER OF INDIA.