IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 WA.No. 931 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.28249/2008 Dated 22/10/2008 .................... APPELLANTS/3RD PARTY: ------------------------ 1. P.CHANDRAN, GENERAL SECRETARY, TRAVANCORE DEVASWOM EMPLOYEES CONFEDERATION, THIRUVANANTHAPURAM. 2. N.GOVINDAN NAMBOOTHIRI, PRESIDENT, TRAVANCORE DEVASWOM EMPLOYEES UNION, THIRUVANANTHAPURAM. BY ADV. MR. PIRAPPANCODE V.S.SUDHEER RESPONDENTS/PETITIONERS & RESPONDENTS: --------------- 1. CHAVARA GOPAKUMAR, PRESIDENT, TRAVANCORE DEVASWOM EMPLOYEES FRONT THIRUVANANTHAPURAM. 2. G.BAIJU, GENERAL SECRETARY, TRAVANCORE DEVASWOM EMPLOYEES FRONT THIRUVANANTHAPURAM. 3. G.SASIKUMAR, GENERAL SECRETARY, TRAVANCORE DEVASWOM EMPLOYEES FRONT THIRUVANANTHAPURAM. 4. ELECTION BOARD(REFERENDUM) TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS CHAIRMAN, DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM. 5. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY THIRUVANANTHAPURAM. ADV. MR. K.N.VENUGOPALA PANICKER, SC, TDB FOR R4 & 5 MR. K. SASIKUMAR FOR R1 TO 3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN AND ANTONY DOMINIC, JJ. ------------------------------------------------- WRIT APPEAL No.931 OF 2009 -------------------------------------------------- Dated this the 15th day of April, 2009 J U D G M E N T S. Siri Jagan, J. Respondents 1 to 3 filed W.P(C) No.28249/2008 seeking direction to the fourth respondent to conduct referendum for deciding the union competent to represent the employees of the Travancore Devaswom Board. The Fourth respondent undertook to conduct the same and for the same the learned Single Judge fixed a time frame of three months from 14.1.2009. That judgment is under challenge in this writ appeal at the instance of the office bearers of two other unions, who were not parties to the writ petition with leave of this Court to file appeal. According to them their unions were not consulted before fixing the date of referendum. The appellants therefore seek a direction to the fourth respondent to postpone the referendum to a date convenient to the appellants also. This is opposed by the counsel for respondents 1 to 3. He would submit that the election notification has been published on 24.3.2009 W.A.931/09 2 and all arrangements have been made to conduct the referendum on 2.5.2009. 2. After hearing both sides, we are not inclined to interfere with the judgment of the learned Single Judge at this point of time. If the appellants are aggrieved by the results of the referendum on any valid ground, it is up to them to challenge the results on that ground. Without prejudice to that right this writ appeal is dismissed. S. SIRI JAGAN, JUDGE ANTONY DOMINIC, JUDGE okb