Kerala High Court
Cochin Naval Base Employees Union vs The Flag Officer Commanding €“ ... on 13 March, 2023
WP(C) No.8481/2023 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Monday, the 13th day of March 2023 / 22nd Phalguna, 1944
WP(C) NO. 8481 OF 2023
PETITIONER:
COCHIN NAVAL BASE EMPLOYEES UNION, (REG. NO. 525/72 RECOGNIZED BY
THE GOVERNMENT OF INDIA), ROOM NO. F10, CITY PLAZA, PERUMANOOR,
KOCHI, REPRESENTED BY ITS SECRETARY V P DANIEL, PIN - 682015
RESPONDENTS:
1. THE FLAG OFFICER COMMANDING - IN- CHIEF, SOUTHERN NAVAL COMMAND,
KOCHI, PIN - 682004
2. ADMIRAL SUPERINTENDENT, NAVAL SHIP REPAIR YARD, KOCHI , PIN - 682004
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the election notified as per Exhibit P-8 to the works
committee of naval ship repair yard, kochi.
This Petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. P.RAMAKRISHNAN, PREETHI RAMAKRISHNAN, C.ANIL KUMAR, ASHA K.SHENOY,
PRATAP ABRAHAM VARGHESE & GOKUL KRISHNA, Advocates for the petitioner, the
court passed the following:
WP(C) No.8481/2023 2/5
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No. 8481 of 2023
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Dated this the 13th day of March, 2023
ORDER
The learned DSGI takes notice for the respondents 1 and 2.
2. Sri.P.Ramakrishnan, the learned counsel appearing for the
petitioner pointed out that the petitioner had approached this Court well
in advance and this Court by Ext.P6 judgment, had directed the
respondents to consider and dispose of their representation adverting to
the notification dated 16.09.2020 in respect of Naval Dockyard,
Visakhapatnam and notification dated 16.02.2021 in respect of Naval
Dockyard, Mumbai and take a decision. It is submitted that Ext.P7 order
has now been passed without addressing the issues raised by the
petitioner herein. The learned counsel would also submit that the
respondents failed to take note of the relevant provisions of the
Industrial Disputes (Central) Rules, 1957, which requires that a
WP(C) No.8481/2023 3/5
W.P.(C) No.8481 of 2023
committee should have representation to various categories, groups,
and classes of workmen engaged in various sections, shops or
departments of the establishment. It is submitted that instead of acting
in accordance with the law, the respondents have issued Ext.P8 notifying
the elections.
3. In response, it is submitted by the learned DSGI that the
petitioner herein had earlier approached this Court and had preferred
W.P.(C) No.7147/2021, raising more or less identical contentions, and
the said Writ Petition is pending. It is further submitted by referring to
Ext.P8 that the election notification was issued on 06.03.2023, the draft
voters' list was published on 07.03.2023, verification and correction of
the voters' list was carried out on 09.03.2023, and the publication of
final voters' list was carried out on 10.03.2023. It is stated that the date
and time of issuance and acceptance of nomination forms is at 10 am
today, ie., on 13.03.2023. According to the DSGI, since the electoral
process has commenced, this Court in view of the settled position of law
may not interfere with the process.
WP(C) No.8481/2023 4/5
W.P.(C) No.8481 of 2023
Having regard to the submissions advanced, I am not inclined to
stay the election process at this stage. The respondents shall place on
record their counter within four weeks.
Post after four weeks.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
WP(C) No.8481/2023 5/5
APPENDIX OF WP(C) 8481/2023
Exhibit P-8 TRUE COPY OF ELECTION NOTIFICATION PUBLISHED BY THE 2ND
RESPONDENT AS PER A MEMO NO. PA/08/2800/12 DATED
6/3/2023
