Cochin International Airport ... vs Regional Joint Labour ...
2023 Latest Caselaw 8892 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                        WP(C) NO. 7421 OF 2023
PETITIONER:

          COCHIN INTERNATIONAL AIRPORT MAZDOOR SANGH,
          BMS OFFICE, ADAM BAZAR COMPLEX, ANGAMALY,
          ERNAKULAM- 683572,
          REPRESENTED BY ITS GENERAL SECRETARY
          M.P. PRADEEP KUMAR

          BY ADVS.
          T.C.KRISHNA
          P.RAMAKRISHNAN
          PREETHI RAMAKRISHNAN (P-212)
          C.ANIL KUMAR
          ASHA K.SHENOY
          PRATAP ABRAHAM VARGHESE
          GOKUL KRISHNA



RESPONDENTS:

    1     REGIONAL JOINT LABOUR COMMISSIONER,
          OFFICE OF THE REGIONAL JOINT LABOUR COMMISSIONER,
          CIVIL STATION, KAKKANAD, ERNAKULAM-682030.

    2     COCHIN INTERNATIONAL AIRPORT LIMITED,
          NEDUMBASSERY PO, ALUVA,
          ERNAKULAM- 683111
          REPRESENTED BY ITS MANAGING DIRECTOR.

    *3    COCHIN INTERNATIONAL AIRPORT STAFF FEDERATION (CITU)
          REPRESENTED BY ITS GENERAL SECRETARY
          SATHISH KUMAR P A , AGED 55 YEARS
          KEERTHANAM, AKAPPARAMBU,
          VAPPALASSERY P.O NEDUMBASSERY
          ERNAKULAM - 683 572
          (*IS IMPLEADED AS THE ADDITIONAL RESPONDENT NO: 3 AS
          PER ORDER DATED 24-05-2023 IN I.A. 1/2023 IN WP(C)
          7421/2023)

          BY ADVS.
          SRI.BENNY P.THOMAS, SC, BPCL
          K.S.ARUN KUMAR
          ELDHO BABY
 WP(C) NO. 7421 OF 2023            : 2 :


          VIJAY SANKAR V.H.
          JERIN JOSEPH
          D.PREM KAMATH
          TOM THOMAS (KAKKUZHIYIL)
          ABEL TOM BENNY
          K.S.MUHAMMED SHEFIN
          BHARATH NAIR
          PRAISY THOMAS
          R BY GP ADV.PARVATHY




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.08.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 7421 OF 2023                 : 3 :




                             JUDGMENT

The petitioner, a registered trade union, had

submitted Ext.P2 application before the 1 st respondent for

certification of recognition, as envisaged under Rule 5 of

the Kerala Recognition Trade Unions Rules, 2011

(hereinafter referred to as 'the Rules' for short). The

grievance of the petitioner is that Ext.P2 application is not

yet processed by the 1st respondent. Accordingly, the

petitioner has filed this writ petition for the following

reliefs:

"(a) A writ of mandamus or any other appropriate writ or order directing the respondents to conduct a referendum on the basis of Exhibit P-2 application submitted by the petitioner.

(b) A writ of mandamus or any other appropriate writ or order directing the 2nd respondent not to enter into any settlement without holding a referendum;

(c) Issue such other writ, order or direction

as are deemed just and proper on the facts and circumstances of the case."

2. During the pendency of this writ petition, Ext.P2

application was returned by the 1 st respondent on the

ground that the details of other registered trade union, as

required in column No.6 of the application is incomplete.

3. The 2nd respondent has filed a counter affidavit. In

paragraph '12' of the said affidavit and in Ext.R2(a)

produced along with the same, the 2 nd respondent has

furnished the necessary details enabling the petitioner to

cure the defects pointed out in Ext.P2 application.

4. It is submitted by the learned counsel for the

petitioner that on the basis of the details furnished by the

2nd respondent, Ext.P2 application was re-presented before

the 1st respondent on 11.08.2023.

In the light of the said submission, this writ petition is

disposed of with a direction to the 1 st respondent to

consider and pass appropriate orders on Ext.P2

application submitted by the petitioner, in accordance

with the Rules, at any rate, within a period of three

months from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE LETTER DATED 11/4/2002 ISSUED BY THE 2ND RESPONDENT MANAGEMENT IN CONNECTION WITH HOLDING OF REFERENDUM

Exhibit P-2 TRUE COPY OF THE APPLICATION DATED 15/12/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH THE CHALAN RECEIPT

Exhibit P-3 TRUE COPY OF THE REPRESENTATION DATED 27/01/2023 SUBMITTED BEFORE THE 1ST RESPONDENT

RESPONDENT EXHIBITS

EXHIBIT R2(a) TRUE COPY OF THE DETAILS OF THE REFERENDUM CONDUCTED IN THE YEAR 2002 .