IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 30583 of 2009(P) -------------------------- PETITIONER(S): --------------- 1. K.P.VISWANATHAN, PRESIDENT, ALAGAPPA TEXTILES WORKERS' CONGRESS, REGN.NO.2/51, (UNDER THE TRADE UNION AXT), ALAGAPPA NAGAR, THRISSUR. 2. P.A.THOMAS, GENERAL SECRETARY, ALAGAPPA TEXTILES WORKERS' CONGRESS, ALAGAPPA NAGAR, THRISSUR. 3. K.A. JOSEPH, TREASURER, ALAGAPPA TEXTILES, WORKERS' CONGRESS, ALAGAPPA NAGAR, THRISSUR. BY ADV. SRI.GEORGE JACOB (JOSE) SMT.MEREENA J.JOSEPH RESPONDENT(S): --------------- 1. THE REGISTRAR OF TRADE UNIONS (KERALA STATE), HOUSING BOARD BUILDING, THIRUVANANTHAPRUAM. 2. THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM. 3. THE GENERAL MANAGER, ALAGAPPA TEXTILES, (COCHIN) MILLS, ALAGAPPA NAGAR, THRISSUR. SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM FOR R1 & 2 SRI.M.B.PRAJITH FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 30583 of 2009 ================== Dated this the 15th day of December, 2009 J U D G M E N T The petitioners have been elected as office bearers of the Alagappa Textiles Workers' Congress, a union of workers of the 3rd respondent management. The names of the petitioners have been forwarded to the 1st respondent-Registrar of Trade Unions under the Trade Unions Act, for approval. The grievance of the petitioners is that the 1st respondent is not approving the petitioners as office bearers of the union and consequently, the 3rd respondent is not permitting the petitioners to participate in the bilateral discussions between the management and the unions. The petitioners, therefore, seek the following reliefs: “i) to issue a writ in the nature of mandamus or other appropriate writ or order directing respondents to accept and recognise the petitioners and others who were elected in the annual general body meeting of the Trade Union on 2.10.2009 as the elected office- bearers and to invite them for conciliations, negotiations and conferences. ii) to issue a declaration that the petitioners and other office-bearers elected in the Annual General Body Meeting on 2.10.2009 are entitled to participate in all conferences, conciliations, negotiations held by the 3rd respondent. iii) to issue a writ in the nature of mandamus or other appropriate writ or order directing respondents 1 and 2 to take up for consideration Exhibits P7 and P8 petitions and to pass appropriate orders thereon within a time limit to be stipulated by this Hon'ble Court for that purpose.” 2. I have heard the learned Government Pleader also. w.p.c.30583/09 2 3. It appears that by letter No.B(3) 20860 dated 29.9.2009, the Deputy Registrar of Trade Unions has declared three other persons as office bearers of the very same trade union and accepted them as competent to represent the said trade union. The petitioners have filed Ext.P7 petition in this regard before the 1st respondent. Therefore, it is only appropriate that the 3rd respondent considers Ext.P7 and takes a final decision in the mater regarding recognition of the petitioners as office bearers of the said union, after affording an opportunity of being heard to the petitioners as well as the three persons shown as respondents in Ext.P7. This shall be done, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE The words “3rd respondent” occurring in the 6th line in paragraph 3 of the judgment dated 03.12.2009 in W.P.(C).No.30583/2009 are corrected as “1st respondent” vide order dated 14/01/2010 in I.A.No.321/2010. ///True copy/// P.A. to Judge w.p.c.30583/09 3