IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 28249 of 2008(K) --------------------------------------- PETITIONERS: --------------------- 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. BY ADV. SRI.K.SASIKUMAR. RESPONDENT: --------------------- ELECTION BOARD (REFERENDUM), TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS CHAIRMAN, DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM. ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.Ravindran, J. ===================== W.P(C).No.28249 of 2008 ===================== Dated this the 22nd day of October, 2008. JUDGMENT The petitioners are employees of the Travancore Devaswom Board, hereinafter referred to as the “:Board” for short. They are also the President and General Secretary of the Travancore Devaswom Employees Front, a service association of employees of the Board. They have filed this Writ Petition aggrieved by the delay on the part of the Board in holding a referendum for the purpose of recognising one among the service associations of employees of the Board in terms of Ext.P1 notification. 2. By Ext.P1 notification dated 18.8.1999 published in the Kerala Gazette dated 5.10.1999, the Board laid down the rules regarding recognision of one among the service associations of the employees of the Board. Ext.P1 notification stipulates that there shall be only one service association representing all employees of the Board and that recognision granted after referendum shall be valid for five years and that in every five years referendum should be held if necessary. The first referendum pursuant to Ext.P1 notification was held on 1.2.2003 and in the said referendum the Travancore Devaswom Employees Federation was recognised as the service association of the employees of the Board. Ext.P2 is the proceedings issued by the Board in that regard. The term WP(C) 28249/08 -: 2 :- for which the Travancore Devaswom Employees Federation was recognised expired on 22.2.2008. Taking note of the said fact, the Board issued Ext.P3 proceedings dated 13.2.2008 constituting an Election Board to conduct a referendum urgently. Thereupon, Ext.P4 notice dated 10.7.2008 was issued to convene a meeting of representatives of the various employees' associations on 23.7.2008 for the purpose of holding a referendum. According to the petitioners, another meeting was held on 8.9.2008 and at the said meeting it was decided to hold a referendum before the pilgrimage season for the year 2008. The petitioners contend that notwithstanding the decision taken by the Board to hold a referendum before the pilgrimage season during 2008, steps have not been taken to hold referendum. 3. As directed by this Court, the learned standing counsel appearing for the Board has filed a statement dated 22.10.2008 wherein it is stated that by Ext.P3 proceedings, an Election Board was constituted, that in the meeting of the Election Board held on 1.3.2008 Sri.N.Parameswaran Nair, former Chief Judicial Magistrate was appointed as the Returning Officer and the decision in the meeting held on 8.9.2008 was only to conduct the referendum if possible before the pilgrimage season of 2008 and that as the pilgrimage season is fast approaching, the services of employees cannot be spared for holding the referendum before the end of pilgrimage season of 2008 and that the referendum can be held only after Makaravilakku festival at the WP(C) 28249/08 -: 3 :- Sabarimala Temple. 4. When this Writ Petition was heard today, Sri.K.N.Venugopala Panicker, the learned standing counsel appearing for the Board submitted that the referendum will be held at the earliest after Makaravilakku festival which falls on 14.1.2009. Having regard to the submissions made at the Bar and the stipulations in Ext.P1 and the decision taken by the Board to hold a referendum at the earliest, I dispose of the Writ Petition with a direction to the Board to hold the referendum contemplated in Ext.P1 notification within three months after the Makaravilakku festival which falls on 14.1.2009. P.N.Ravindran, Judge. ess 6/11