Kerala High Court
T.B.Mini, Advocate vs Union Of India, Ministry Of Labour And ... on 5 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.39011/2024 1/3 Order Date : 05-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Tuesday, the 5th day of November 2024 / 14th Karthika, 1946
WP(C) NO. 39011 OF 2024
PETITIONER:
T.B.MINI, ADVOCATE, AGED 54 YEARS WORKING PRESIDENT, FACT UNITED
EMPLOYEES LIBERATION, GEM VILLA, KOMBARA JUNCTION, ERNAKULAM,
KOCHI., PIN - 682033
RESPONDENTS:
1. UNION OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT, REPRESENTED BY
ITS SECRETARY, CENTRAL SECRETARIAT, NEW DELHI , PIN - 110001
2. MINISTRY OF FERTILIZERS REPRESENTED BY ITS SECRETARY CENTRAL
SECRETARIAT, NEW DELHI, PIN - 110001
3. REGIONAL LABOUR COMMISSIONER (CENTRAL), OFFICE OF CENTRAL LABOUR
COMMISSIONER, OLIMUGAL, KAKKANAD, KOCHI , PIN - 682030
4. ASSISTANT LABOUR COMMISSIONER (CENTRAL), OFFICE OF CENTRAL LABOUR
COMMISSIONER, OLIMUGAL, KAKKANAD, KOCHI , PIN - 682030
5. THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD. REPRESENTED BY CHIEF
MANAGING DIRECTOR CORPORATE OFFICE, UDYOGAMANDAL.P.O, ERNAKULAM,,
PIN - 683501
6. GENERAL MANAGER (HUMAN RESOURCES), THE FERTILIZERS AND CHEMICALS
TRAVANCORE LTD., UDYOGAMANDAL P.O., ERNAKULAM, PIN - 683501
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 for the reasons stated in the accompanying affidavit this
hon'ble court may direct the 5th and 6th respondent not to obstruct the
trade union activities of the petitioner union in 5th respondent company
as permitted by law, pending disposal of the writ petition.
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. T.B.MINI, ADVOCATE (Party-In-Person) Advocate for the petitioners the
court passed the following:
WP(C) No.39011/2024 2/3 Order Date : 05-11-2024
N.NAGARESH, J
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W.P.(C). No. 39011 of 2024
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Dated this the 5th day of November, 2024
ORDER
Deputy Solicitor General of India in-Charge to get
instructions as to the status of the proceedings under Ext.P10.
Post on 12.11.2024.
Sd/-
N.NAGARESH
SCB JUDGE
WP(C) No.39011/2024 3/3 Order Date : 05-11-2024
APPENDIX OF WP(C) 39011/2024
Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF FUEL UNION
ISSUED BY THE DISTRICT LABOUR OFFICER, ERNAKULAM DATED
22-7-2022
Exhibit P2 TRUE COPY OF THE LETTER DATED 1-12-2022 COMMUNICATED TO
THE 3RD RESPONDENT ISSUED BY THE PETITIONER UNION.
Exhibit P3 TRUE COPY OF THE NOTICE ISSUED FROM LABOUR COURT
ERNAKULAM IN ID 2/24 DATED 26-3-2024
Exhibit.P4 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.1071/2024
DATED.31-7-2024
Exhibit P5 TRUE COPY OF CHARGE SHEET ISSUED TO SUJITH.T V ON
6-1-2024
Ext. P5(a) TRUE COPY OF CHARGE SHEET ISSUED TO EMIL E GEORGE
GENERAL SECRETARY OF THE PETITIONER UNION ON 8-1-2024
Exhibit P6 TRUE COPY OF THE REPLY SUBMITTED BY THE SUJITH.T.V.
OFFICE BEARER OF THE PETITIONER UNION BEFORE THE
MANAGEMENT DATED.24-1-2024
Ext. P6(a) TRUE COPY OF THE REPLY SUBMITTED BY THE EMIL.E. GEORGE
OFFICE BEARER OF THE PETITIONER UNION BEFORE THE
MANAGEMENT DATED.NIL
Exhibit P7 TRUE COPY OF THE INQUIRY NOTICE ISSUED TO SUJITH.T.V.
BY THE 5TH RESPONDENT DATED 8-4-2024.
Ext. P7(a) TRUE COPY OF THE INQUIRY NOTICE ISSUED TO EMIL.E.GEORGE
BY THE 5TH RESPONDENT DATED 27-3-2024.
Exhibit P8 TRUE COPY OF THE APPLICATION SUBMITTED PETITIONER UNION
BEFORE THE 5TH RESPONDENT DATED 31-3-2024.
Exhibit P9 TRUE COPY OF REJECTION LETTER ISSUED FROM THE 6TH
RESPONDENT TO THE PETITIONER UNION
Exhibit P10. TRUE COPY OF THE ADJUDICATION LETTER FROM 4TH
RESPONDENT ISSUED TO PETITIONER UNION.
Exhibit P11. TRUE COPY OF DISPUTE NOTICE ISSUED BY 4TH RESPONDENT ON
UNFAIR LABOUR PRACTICE DATED 20-8-2024.
Exhibit P12 TRUE COPY OF THE APPLICATION SUBMITTED BY PETITIONER
UNION BEFORE 5TH RESPONDENT DATED.6-9-2024.
Exhibit P13. TRUE COPY OF APPLICATION SUBMITTED BY PETITIONER UNION
BEFORE THE 3RD RESPONDENT ON 06/09/2024.
Exhibit P14 TRUE COPY OF THE LETTER FROM THE 4TH RESPONDENT
ADVISING MANAGEMENT TO STOP ENQUIRY PROCEEDINGS DATED
28-6-2024.
Exhibit P15 TRUE COPY OF ENQUIRY NOTICE ISSUED BY THE MANAGEMENT TO
EMIL.E.GEORGE DATED 2-9-2024
