Kir & Gw Union (Kerala Industrial ... vs State Of Kerala And Anr
2022 Latest Caselaw 10916 Ker

WP(C) NO. 20080 OF 2011            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                          WP(C) NO. 20080 OF 2011
PETITIONER/S:

               KIR & GW UNION (KERALA INDUSTRIAL RURAL
               WORKERS UNION, REG NO-12-11/2000,INTUC OFFICE,,
               RAJAJI ROAD, KOZHIKODE, REP.BY ITS GENERAL,
               SECREARY, KDASSERRY SANKARAN, AGED 64, ,,
               S/O.GOVINDAN, INTUC OFFICE, RAJAJI ROAD,, KOZHIKODE

               BY ADV SRI.JOSEPH GEORGE



RESPONDENT/S:

      1        STATE OF KERALA AND ANR.
               REP.BY PRINCIPAL SECRETARY-LAHOUR-, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM, PIN-689001

      2        THE LABOUR COMMISSIONER
               HOUSING BOARD JUNCTION,, THIRUVANANTHAPURAM-PIN-
               689001

      3        KERALA BUILDING AND OTHER CONTRUCTION
               WORKER'S WELFARE FUND BOARD, NIRMAN BHAVAN,,
               METTUKADA, THYCAOUD P.O.,, THIRUVANANTHAPURAM-PIN-
               689014,, REP.BY ITS CHAIRMAN


OTHER PRESENT:

               SRI.S.KRISHNAMOORTHY, SC FOR KBOCWWB, SRI.K.M.FAISAL,
               GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20080 OF 2011           2


                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                     W.P.(C) No. 20080 of 2011
                    --------------------------------------
              Dated this the 3rd day of November, 2022


                             JUDGMENT

The above writ petition is filed with following prayers :

i) declare that the petitioner trade union is competent to recommend construction workers for membership to the Kerala Building and other construction workers welfare fund

ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 2 nd and 3rd respondents to consider and dispose of Exhibit P4 on merits by affording an opportunity of hearing to the petitioner within a period of one month.

iii) Grant such other further reliefs as this Hon'ble Court may deem fit and proper in the interest of justice." [SIC]

2. This writ petition is pending before this Court from

2011 onwards. If there is any surviving grievance to the

petitioner, the petitioner is free to approach the 2 nd respondent

with a representation and if such a representation is received,

the 2nd respondent will consider the same and pass appropriate

orders in accordance to law.

With the above observation, this writ petition is closed.

SD/-

                                          P.V.KUNHIKRISHNAN
                                                JUDGE
SKS



                           APPENDIX

PETITIONER'S EXHIBITS        :

EXT.P1    TRUE PHOTOCOPY OF CERTIFICATE OF REGISTRATION UNDER
THE INDIAN TRADE UNIONS ACT

EXT.P2    TRUE PHOTOCOPY OF PERMANENT AFFILIATION CERTIFICATE
OF PETITIONER UNION

EXT.P3    TRUE PHOTOCOPY OF THE MINUTES OF ANNUAL GENERAL BODY
MEETING OF PETITIONER.

EXT.P4    TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE

PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS

EXT.P5 TRUE PHOTOCOPY OF THE JUDGMENT DATED 25.5.2011 IN WPC 14067/2011 OF THIS HONBLE COURT

RESPONDENT'S EXHIBITS :

EXT.R3A TRUE COPY OF THE LETTER DATED 30.3.2010 OF THE STATE COMMITTEE OF THE KERALA INDUSTRIAL RURAL AND GENERAL WORKERS UNION ISSUED TO THE 3RD RESPONDENT

EXT.R3B TRUE COPY OF THE LETTER DATED 12.5.2010 ISSUED BY THE INDIAN NATIONAL TRADE UNION CONGRESS, NATIONAL HEAD QUARTERS, NEW DELHI TO THE 3RD RESPONDENT