Kerala Feeds General Workers ... vs The Registrar Of Trade Unions
2022 Latest Caselaw 3608 Ker

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                          THE HONOURABLE MR. JUSTICE AMIT RAWAL
                THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                                  WP(C) NO. 8177 OF 2022

PETITIONER/S:
                KERALA FEEDS GENERAL WORKERS CONGRESS (KFGWC)
                REPRESENTED BY ITS GENERAL SECRETARY SHAJIKRISHNAN, (REG NO.
                TU19491/2020),
                KURUDANTAYYATHU, EDAKULANGARA P.O.,
                KARUNAGAPALLY, KOLLAM DISTRICT, KERALA, PIN - 690523

                BY ADVS.
                T.K.RAJESHKUMAR
                T.N.BINDU
                ASWIN K.R.
                MATHEWS BENNY
                APARNA SOMARAJAN


RESPONDENT/S:
      1       THE REGISTRAR OF TRADE UNIONS,
              COLLECTORATE BUILDING, KOLLAM,
              KERALA PIN, PIN - 691013

      2         DISTRICT LABOUR OFFICER
                3RD FLOOR, CIVIL STATION,
                KOLLAM, KERALA, PIN - 691013

      3         KERALA FEEDS LIMITED
                REPRESENTED BY ITS MANAGING DIRECTOR,
                EDAKULANGARA P.O., KARUNAGAPPALLY,
                KOLLAM KERALA, PIN - 690523

      4         REGIONAL JOINT LABOUR COMMISSIONER
                REPRESENTED BY ITS MANAGING DIRECTOR,
                EDAKULANGARA P.O., KARUNAGAPPALLY,
                KOLLAM KERALA, PIN - 690523

                BY ADVS.
                GOVERNMENT PLEADER
                P.BENNY THOMAS
                D.PREM KAMATH
                TOM THOMAS (KAKKUZHIYIL)
                ABEL TOM BENNY
                JYOTHISH KRISHNA
                KURIAN OOMMEN THERAKATH
                JAIKRISHNAN.M.PISHARODI

OTHER PRESENT:
              SR GP SRI JUSTIN JACOB

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8177 OF 2022
                                 2



                           JUDGMENT

Counsel for the petitioner, when confronted with the

Division Bench judgment of this Court that the writ petition on

behalf of the Federation by the Secretary or the General

Workers Congress is not maintainable, seeks the liberty of this

Court for withdrawal of the writ petition to file fresh petition on

behalf of the individual ie., affected workers. Ordered

accordingly.

Sd/-

sab AMIT RAWAL

JUDGE WP(C) NO. 8177 OF 2022

APPENDIX OF WP(C) 8177/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION NO.

TU19491 DATED 17/09/2020.

Exhibit P2 TRUE COPY OF THE LETTER OF AFFILIATION DATED 31/01/2022 ISSUED BY THE NATIONAL HEADQUARTERS OF INTUC, NEW DELHI.

Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER, ADDRESSED TO THE 4TH RESPONDENT MANAGEMENT DATED 28/09/2020 AND THE ENGLISH TRANSLATION OF THE DOCUMENT.

Exhibit P4 TRUE COPY OF THE LETTER DATED 06/08/2021 ISSUED BY THE PETITIONER TO THE MANAGEMENT AND THE ENGLISH TRANSLATION OF THE DOCUMENT.

Exhibit P5 TRUE COPY OF THE LETTER DATED 09/08/2021 WITH THE ENDORSEMENT OF THE 4TH RESPONDENT

Exhibit P6 TRUE COPY OF THE LETTER OF INTIMATION REGARDING THE STRIKE DATED 10/11/2021 AND THE ENGLISH TRANSLATION OF THE DOCUMENT.

Exhibit P7 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER UNION BEFORE THE 2ND RESPONDENT, DISTRICT LABOUR OFFICER, KOLLAM DATED 12/11/2021 AND THE ENGLISH TRANSLATION OF THE DOCUMENT.

Exhibit P8 TRUE COPY OF THE LETTER ISSUED BY THE DISTRICT LABOUR OFFICER DATED 17/01/2021 AND THE ENGLISH TRANSLATION OF THE DOCUMENT

Exhibit P9 TRUE COPY OF THE MINUTES NUMBER IR (1)8713/21 DATED 21/01/2022 OF THE DISTRICT LABOUR OFFICER, KOLLAM AND THE ENGLISH TRANSLATION OF THE DOCUMENT

Exhibit P10 TRUE COPY OF THE REPLY ISSUED BY THE INFORMATION OFFICER, OFFICE OF THE DEPUTY LABOUR OFFICER, KOLLAM DATED 04/01/2022 AND THE ENGLISH TRANSLATION OF THE DOCUMENT.