Disposed

The St.Johns Medical College and Hospital Staff Association v. the Labour Commissioner

Karnataka HC15 Feb 2024WP/51307/2019

Case brief

AI extract

What is this about?

A staff union challenged the certificate amalgamating it with another union, alleging the Registrar ignored mandatory procedure under Sections 24, 25 and 26 of the Trade Unions Act. Finding the procedure not followed, the Court quashed the certificate, remitted the matter to the authority to decide afresh within four weeks.

What did the court decide?

Amalgamation certificate dated 02.11.2019 quashed; matter remanded to respondent No.2 to decide afresh in four weeks after hearing all parties.

The St.Johns Medical College and Hospital… — Labour and Industrial Disputes | Karnataka HC (2024)

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1 - NC: 2024:KHC:6833 WP No. 51307 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA

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WRIT PETITION NO.51307 OF 2019 (L-RES)

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BETWEEN:

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THE ST. JOHN’S MEDICAL COLLEGE AND HOSPITAL STAFF ASSOCIATION, NO.219, 1^ST FLOOR, ST. JOHN’S MEDICAL COLLEGE JOHN NAGAR, BENGALURU – 560 034. REPRESENTED BY ITS GENERAL SECRETARY. ... PETITIONER (BY SRI V.S. NAIK, ADVOCATE)

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AND:

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Digitally signed by SHYAMALA Location: HIGH COURT OF KARNATAKA

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THE LABOUR COMMISSIONER GOVT. OF KARNATKA DEPARTMENT OF LABOUR KARMIKA BHAVANA BENGALURU – 560 029.

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THE ASSISTANT LABOUR COMMISSIONER AND THE DEPUTY REGISTRAR OF TRADE UNIONS DIVISION NO.4, KARMIKA BHAVANA, BENGALURU – 560 029.

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ST. JOHN’S NATIONAL ACADEMY OF HEALTH SCIENCE, SARJAPUR ROAD, BANGALORE – 560 034 REP. BY ITS DIRECTOR.

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ST. JOHN’S NATIONAL ACADEMY OF HEALTH SCIENCES ALL EMPLOYEES STAFF ASSOCIATION NO.4/1-1, ‘B’ CROSS, CHINNAMMA LAYOUT, MARUTINAGARA

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NC: 2024:KHC:6833 WP No. 51307 of 2019

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MADIWALA, BENGALURU – 560 068 REPRESENTED BY ITS PRESIDENT.

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... RESPONDENTS

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(BY SMT. RASHMI PATEL, HCGP FOR R-1 & R-2; SRI S.N. MURTHY, SENIOR ADVOCATE A/W SRI SOMASHEKAR, ADVOCATE FOR R-3 (V.C.) SRI RAJESWARA P.N., ADVOCATE FOR R-4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE 2^ND RESPONDENT PERTAINING TO ANNEXURE-F; QUASH THE TRADE UNIONS AMALAGAMATION AFFIDAVIT LETTER, DATED 02.11.2019 ISSUED BY THE 2^ND RESPONDENT, THE CERTIFIED COPY OF WHICH IS PRODUCED AND MARKED AS ANNEXURE-F, SINCE THE IMPUGNED CERTIFICATE ISSUED BY THE 2^ND RESPONDENT IS IN TOTAL VIOLATION OF THE PROVISIONS OF THE TRADE UNIONS’ ACT, 1926.

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THIS WRIT PETITION COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner in this writ petition has sought for the

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following prayer:

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“(a) Issue writ of certiorari of any other appropriate writ or direction quashing the Trade Unions Amalgamation Affidavit letter, bearing Reference Number:SaKaaAABe-4/TU/P365/2018-19 dated 01.11.2019 issued by the 2^nd respondent, the certified copy of which is produced and marked as Annexure-F, since the impugned certificate issued by the 2^nd respondent

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3 - NC: 2024:KHC:6833 WP No. 51307 of 2019

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is in total violation of the provisions of the Trade Unions Act, 1926.”

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Heard Sri V.S.Naik, learned counsel for the petitioner; Smt. Rashmi Patel, learned High Court Government Pleader for respondent Nos.1 and 2; Sri S.N.Murthy, learned senior counsel along with Sri Somashekar, learned counsel for respondent No.3 through video conferencing and Sri Rajeshwara P.N., learned counsel for respondent No.4.

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The grievance of the petitioner is that the proceedings conducted by respondent No.2 – authority is contrary to the mandatory requirement of Sections 24, 25 and 26 of the Trade Unions Act, 1926 (hereinafter referred to as “Trade Union Act” for short) and thereupon issuance of the impugned certificate dated 02.11.2019 amalgamating the petitioner – union with respondent No.4 – union is unsustainable.

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Perusal of Annexure – “F”, the impugned

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certificate and the proceedings at Annexure – “E” by

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NC: 2024:KHC:6833 WP No. 51307 of 2019

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respondent No.2 indicate that respondent No.2 has not followed the procedure as contemplated under Sections 24, 25 and 26 of the Trade Unions Act. In the circumstances, the impugned certificate issued by respondent No.2 is in total violation of the provisions of Trade Unions Act. Accordingly, the impugned certificate is hereby quashed and the parties are relegated back to respondent No.2, respondent No.2 to pass appropriate order by complying with the mandatory provisions as contemplated under the Trade Unions Act by affording sufficient and reasonable opportunity to all the contesting parties.

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Respondent No.2 to conclude the proceedings within the time frame of four weeks from today (15.02.2024).

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All the contentions are kept open to be urged before respondent No.2 – authority.

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NC: 2024:KHC:6833 WP No. 51307 of 2019

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In terms of the above, the writ petition stands

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disposed of.

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In view of disposal of the writ petition, pending I.As.

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if any, would not survive for consideration.

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Sd/JUDGE

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The St.Johns Medical College and Hospital Staff Association v. the Labour Commissioner

Case brief

What is this about?

What did the court decide?

The St.Johns Medical College and Hospital Staff Association v. the Labour Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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