IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 2341 of 2008(D) --------------------------------- PETITIONER: ---------------- KERALA INDEPENDENT SILK EMPLOYEES UNION, REG.No.03-24 OF 1988, AUTOKAST UNIT, REPRESENTED BY ITS SECRETARY, E.M.SANTHOSH KUMAR,AUTOKAST LTD. CHERTHALA. BY ADV. SRI.C.S.AJITH PRAKASH SRI.P.A.SALEEM RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY,INDUSTRIES DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. MANAGING DIRECTOR, AUTOKAST LIMITED, CHERTHALA-688582. 4. ALLA KERALA SILK EMPLOYEES UNION, INTUC AUTOKAST UNIT, CHERTHALA, REPRESENTED BY ITS SECRETARY, AUTOKAST LIMITED, CHERTHALA-688582. 5. SILK EMPLOYEES UNION, AUTOKAST LTD., CHERTHALA, REPRESENTED BY ITS SECRETARY, AUTOKAST LIMITED, CHERTHALA-688582. WP(C).No. 2341/2008 ...2... 6. KERALA STEEL WORKERS UNION TUCI, AUTOKAST LTD., CHERTHALA, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.K.ANAND (A.201) FOR R3 SMT.LATHA KRISHNAN FOR R3 SRI.P.RAMAKRISHNAN FOR R6 SRI.S.R.DAYANANDA PRABHU FOR R4 SRI.JIJO PAUL FOR R5 GOVERNMENT PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2341/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE MEMORANDUM OF SETTLEMENT SIGNED BY THE PARTIES ON 22.2.1986 BEFORE THE DISTRICT LABOUR OFFICER, ALAPPUZHA. EXT. P2 : COPY OF THE CONCILIATION SETTLEMENT SIGNED IN THE PRESENCE OF THE ADDITIONAL LABOUR COMMISSIONER TRIVANDRUM ON 23.10.1989. EXT. P3 : COPY OF THE CONCILIATION SETTLEMENT DATED 14.12.1998. EXT. P4 : COPY OF THE SETTLEMENT DATED 15.1.1998. EXT. P5 : COPY OF THE REPRESENTATION DATED 15.11.2007 SUBMITTED TO FIRST AND SECOND RESPONDENTS BY THE PETITIONER. EXT. P6 IN IA.6838/08: COPYOF THE ORDER OF THE LABOUR COMMISSIONER DATED 25.4.2008. EXT. P7 IN IA.6838/08: COPY OF THE NOTICE ISSUED BY THE DISTRICT LABOUR OFFICER, ALAPPUZHA. 4TH RESPONDENT'S EXHIBITS: EXT. R4(a) : COPY OF JUDGMENT DATED 20.3.2007 IN O.P.No.2308/1998. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.2341 OF 2008 ---------------------------------------- Dated this the 6th day of June, 2008 JUDGMENT The petitioner is a Union of workmen of the 3 rd respondent. They are aggrieved by the failure on the part of the 3 rd respondent in conducting referendum for recognition of unions of the 3 rd respondent. They would now submit that by Exts.P6 and P7 appropriate proceedings have been initiated for conducting the referendum and the District Labour Officer, Alappuzha has been appointed as the Returning Officer to conduct the referendum with the Regional Joint Labour Commissioner, Kollam as an Independent Observer of the referendum proceedings. The petitioner therefore, seeks a direction to complete the proceedings initiated by Exts.P6 and P7 within a time frame. 2. I have heard the learned counsel for the parties in this writ petition. After hearing, I am satisfied that the proceedings initiated by EXts.P6 and P7 shall be completed within a time frame. W.P.(c)No.2341/08 2 Accordingly, the writ petition is disposed of with a direction to the Labour Commissioner, Thiruvananthapuram, Regional Joint Labour Commissioner, Kollam and the District Labour Officer, Alappuzha to complete the proceedings initiated by Exts.P6 and P7, as expeditiously as possible, at any rate, within a period of three months from the date of receipt pf a copy of this judgment. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.2341/08 3