IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 OP.No. 15201 of 1999(I) ----------------------- PETITIONERS: --------------- 1. THE TRIVANDRUM REGIONAL CANCER CENTRE CONTRACT WORKERS' ASSOCIATION, REPRESENTED BY THE GENERAL SECRETARY, K. PRASAD. 2. S.S. SHAJI, NURSING ASSISTANT, REGIONAL CANCER CENTRE, MEDICAL COLLEGE P.O., TRIVANDRUM-11. 3. L. SHEEBA, NURSHING ASSISTANT, -DO- -DO-. BY ADV. SRI.S.JAMES VINCENT SRI.R.GOPAN RESPONDENTS: ---------------- 1. THE REGISTRAR OF TRADE UNIONS AND JOINT LABOUR COMMISSIONER, HOUSING BOARD BUILDINGS, TRIVANDRUM. 2. THE DISTRICT LABOUR OFFICER, TRIVANDRUM. ADDL. 3. THE REGIONAL CANCER CENTRE, MEDICAL COLLEGE CAMPUS, MEDICAL COLLEGE(PO), TRIVANDRUM-11, REPRESENTED BY THE DIRECTOR. (IMPLEADED AS PER ORDER DATED 14.1099 IN CMP No.31374 OF 1999) ADDL.R3 BY ADV. SRI.K.R.RADHAKRISHNAN NAIR SRI.ELVIN PETER P.J. SRI.P.N.SANTHOSH SRI.S.RAMESH SRI.S.D.ASOKAN R1 & R2 BY GOVERNMENT PLEADER, SRI.P.M. MANOJ THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 15201 of 1999(I) ORDER ON CMP NO.24657/99 IN OP NO.15201/99 DISMISSED 17.06.2010 SD/- P.N. RAVINDRAN, JUDGE APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : PHOTOCOPY OF THE DRAFT BYE-LAWS ACCEPTED ON 01.05.99. EXT.P1(A) : PHOTOCOPY OF RESOLUTION DATED 1.05.99 ACCEPTING THE DRAFT BYELAWS. EXT.P1(B) : PHOTOCOPY OF RESOLUTION NO.2 DATED 01.05.99 FOR GETTING THE ASSOCIATION REGISTERED. EXT.P2 : PHOTOCOPY OF BLANK PRO FORMA GIVEN FOR REGISTRATION ON 24.05.99. EXT.P3 : PHOTOCOPY OF THE LIST OF THE 93 NURSING ASSISTANTS AS ON 1.4.99. EXT.P4 : PHOTOCOPY OF THE REMINDER SUBMITTED BY THE 1ST PETITIONER-ASSOCIATION TO THE 1ST RESPONDENT ON 14.6.99. EXT.P5 : PHOTOCOPY OF THE INTERIM ORDER DATED 18.6.99 ON CMP NO.22713/99 IN OP NO.14073/99. EXT.P6 : PHOTOCOPY OF NOTICE NO.B1-21682/99 DATED 9.9.99 ISSUED BY THE 1ST RESPONDENT. EXT.P7 : PHOTOCOPY OF REPLY SUBMITTED BY THE PETITIONER ON 20.09.99. EXT.P8 : PHOTOCOPY OF THE DAILY WAGE STATEMENT FOR APRIL 1999 OF THE NURSING ASSISTANTS AT THE RCC GROUPED CONTRACTOR-WISE. EXT.P9 : PHOTOCOPY OF THE LIST OF NURSING ASSITANTS AT THE RCC GROUPED SECTION-WISE. EXT.P10 : PHOTOCOPY OF EPF DEDUCTION SLIPS FOR JUNE 1999(2 SLIPS) AND JULY 1999(2 SLIPS). EXT.P11 : PHOTOCOPY OF THE LIST OF NURSING ASSSITANTS WITH DATE OF JOINING RCC AND EPF CODE. EXT.P12 : PHOTOCOPY OF ORDER DATED 15.09.99 ON CMP NO.22713/99 IN OP NO.14073/99 OF THE HON'BLE HIGH OCURT OF KERALA. EXT.P13 : PHOTOCOPY OF LETTER NO.KR/16015/A.2(2)99/5372 DATED 11.8.99 RECEIVED BY L.SHEEBA. OP.No. 15201 of 1999(I) EXT.P14 : PHOTOCOPY OF NOTICE NO.LR(1) 4081/99 DATED 19.8.99 ISSUED BY THE DISTRICT LABOUR OFFICER, TRIVANDRUM. EXT.P15 : PHOTOCOPY OF ORDER NO.B1-21682/99 DATED 10.11.1999 ISSUED BY THE 1ST RESPONDENT. EXT.P16 : PHOTOCOPY OF THE COUNTER AFFIDA VIT FILED BY THE 3RD RESPONDENT IN OP NO.14073 OF 99 ON 19.9.99. RESPONDENT'S EXHIBITS: EXT.R3(A) : TRUE COPY OF LETTER NO.3/HNB/99. DATED 17.02.99 SENT BY HOME NURSING BUREAU. EXT.R3(B) : TRUE COPY OF LETTER DT.27.02.1997 SENT BY THE SCHOOL OF NURSING. EXT.R3(C) : TRUE COPY OF LETTER NO.AY-106/97/ATHANI DATED 5TH APRIL, 1997 SENT BY ABHAYA. EXT.R3(D) : TRUE COPY OF LETTER DATED 9.9.99 SENT BY ABHAYA. /TRUE COPY/ PA TO JUDGE P.N. RAVINDRAN, J. - - - - - - - - - - - - - -- - - - - - - - - - - - O.P. No. 15201 OF 1999 - - - - - - - - - - - -- - - - - - - - - - - - - - Dated this the 17th day of June, 2010 JUDGMENT The first petitioner in this original petition is an association of contract workers employed in Regional Cancer Centre, Thiruvananthapuram. Petitioners 2 and 3 are members of the first petitioner association and employees of the Regional Cancer Centre, Thiruvananthapuram. The first petitioner had applied for registration as a Trade Union under the provisions of the Trade Unions Act, 1926. When that request was not considered, this original petition was filed seeking a direction to the Registrar of Trade Unions to register the first petitioner association. After the original petition was filed the first respondent has passed Ext.P15 order rejecting the application of the first petitioner association for registration as a Trade Union on the short ground that the members of the first petitioner are not contract employees of Regional Cancer Centre, Thiruvananthapuram. The original petition was thereupon amended challenging Ext.P15 order and seeking other reliefs. 2. When the Original Petition came up for hearing today, O.P. No. 15201 OF 1999 -:2:- the learned counsel appearing for the petitioners submitted that the members of the first petitioner association have been upgraded as daily rated workers and in view of the change in their status, they may be given an opportunity to move the first respondent afresh seeking registration as a Trade Union of daily rated employees. 3. The learned counsel appearing for the third respondent submitted that the remedy of the petitioners, if they were aggrieved by Ext.P15 order, was to file an appeal before this Court under Section 11 of the Trade Unions Act, 1926 and not to file original petition and that, this original petition is therefore liable to be dismissed as not maintainable. The learned counsel also submitted that in the event this Court granting an opportunity to the first petitioner association to move afresh for registration as an association of daily rated employees, the third respondent may also be given an opportunity of being heard before a decision is taken by the first respondent on the matter. 4. The learned counsel appearing on either side admit that by Ext.P15 order the application for registration was rejected on the short ground that the members of the first petitioner O.P. No. 15201 OF 1999 -:3:- association are not contract workers of the third respondent. In view of the admitted fact that the members of the first petitioner association are now working as daily rated employees, the nature of relationship has changed. In such circumstances I am of the opinion that, the petitioners should be given an opportunity to make a fresh application before the first respondent seeking registration as a Trade Union. I accordingly close this Original Petition as withdrawn without prejudice to the right of the petitioners to apply afresh for registration as an association of daily rated workers. On such application being filed, the first respondent shall take a decision in the matter only after notice to and affording the employer, the third respondent, an opportunity of being heard. I make it clear that I have not expressed any opinion on the entitlement of the petitioners to obtain registration and that it is for the first respondent to take an independent decision in the matter, in accordance with law. P.N. RAVINDRAN, JUDGE. ttb O.P. No. 15201 OF 1999 -:4:-