IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 27222 of 2008(N) -------------------------- PETITIONER: ---------------- ANIL THAMPAN, AGED 40 YEARS, S/O.K. THAMPAN, RESIDING AT 179/SREE NILAYAM, HARINAGAR MAIN STREET, POONKUNNAM.P.O, THRISSUR WORKING AS ASSOCIATE DIRECTOR, UNDER MACTA DIRECTORS UNION, PALARIVATTOM, COCHIN. BY ADV. SRI.T.GOPALAKRISHNAN SRI.M.A.THASNIM RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE REGISTRAR OF TRADE UNIONS, DEPARTMENT OF LABOUR, GOVERNMENT OF KERALA, OFFICE OF THE REGISTRAR OF TRADE UNIONS, THIRUVANANTHAPURAM. 2. ALL INDIA FILM EMPLOYEES CONFEDERATION (AIFEC), 36, J.N. SALAI, VADAPALANI, CHENNAI - 600026, REPRESENTED BY ITS GENERAL SECRETARY. 3. SRI.N.B. UMA SANKAR BABU, ELECTION OFFICER, ADHOC COMMITTEE, MACTA FEDERATION, 35/225, BAKER HOUSE, PALLINADA, THAMMANAM ROAD, PALARIVATTOM, COCHIN-24. 4. SRI. VINAYAN, GENERAL SECRETARY, MACTA DIRECTORS' UNION, 25/225, BAKER HOUSE, PALLINADA, THAMMANAM ROAD, PALARIVATTOM, COCHIN-24. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 27222 OF 2008 N ==================== Dated this the 5th day of September, 2008 J U D G M E N T The main prayers in the writ petition are the following i) Issue a writ of mandamus or any other appropriate writ, order or direction to the 1st respondent to ensure that the MACTA Directors Union and its Executive Committee are not dissolved or suspended without following procedure and its bye-law. ii) Issue a writ of certiorari or any other appropriate writ order or direction quashing Exts.P7 and P8 circulars regarding illegal election. 2. The first prayer is to direct the State of Kerala to ensure that the MACTA Directors Union and its Executive Committee are not dissolved and suspended without following the procedure and its bye-law. Petitioner could not show me any provision of law casting a duty on the State of Kerala to ensure that a Trade Union and its Executive Committee are not dissolved or suspended. In the absence of any legal duty on the part of the State of Kerala in this behalf, in my view, this prayer is unsustainable. 3. The second prayer is to quash Exts. P7 and P8. Exts. 7 and P8 are two circulars issued by All India Film Employees Confederation. All India Film Employees Confederation is neither a State nor an WPC 27222/08 :2 : instrumentality of a State to be amenable to writ jurisdiction of this court. On both these grounds, writ petition cannot be maintained. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp