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Kerala Trade Union Congress (K.T.U.C.(J)) v. State of Kerala

Kerala HC16 Dec 2016WP(C)/25939/2016

Case brief

AI extract

What is this about?

Petitioner union challenged exclusion from a labor conference. Court directed 2nd respondent to invite petitioner in par with other registered unions under the Trade Union Act for participation in conferences and conciliations.

What did the court decide?

Directed 2nd respondent to ensure petitioner is invited in par with other unions for conferences and conciliations.

Kerala Trade Union Congress (K.T.U.C.(J)) Vs State of… — Service and Employment | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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FRIDAY, THE 16TH DAY OF DECEMBER 2016/25TH AGRAHAYANA, 1938

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WP(C).No. 25939 of 2016 (N)

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PETITIONER(S):

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KERALA TRADE UNION CONGRESS (K.T.U.C.(J)), REPRESENTED BY ITS GENERAL SECRETARY, EZHUKONE SATHYAN, STATE COMMITTEE OFFICE, T.B. ROAD, KOTTAYAM -686 001.

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BY ADVS.SRI.C.ANIL KUMAR, SMT.A.K.PREETHA.

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND REHABILITATION (E) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

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2. LABOUR COMMISSIONER, THOZHIL BHAVAN, VIKAS BHAVAN, PMG, THIRUVANANTHAPURAM- 695 001.

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BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY. SR. GOVT. PLEADER SRI. M.V.ANANDAN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 25939 of 2016 (N)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1 TRUE COPY OF THE COMMUNICATION NO.2124/E3/95/LBR DATED 19/06/1995 ISSUED BY THE RESPONDENTS.

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EXHIBIT P2 TRUE COPY OF THE G.O.(MS) NO.105/2013/BR DATED 04/09/2013 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P3 TRUE COPY OF COMMUNICATION NO.I (5) 10100/2016 DATED 30/06/2016.

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EXHIBIT P4 TRUE COPY OF G.O.(MS)NO.106/16 DATED 15/07/2016 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 15/07/2016 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT OF KERALA.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

A.MUHAMED MUSTAQUE, J.

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============================== W.P.(C).No.25939 of 2016

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============================== Dated this, the 16^th day of December, 2016.

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J U D G M E N T

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The petitioner is a registered trade union. They

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approached this Court feeling aggrieved that the union is not being permitted to take part in the conferences and conciliations related to the interest of labour in the State. It is pointed out, though the petitioner was invited as per Ext.P3 invitation by the Labour Commissioner along with other unions in respect of issue related to Labour in the State, they were not permitted to participate in that meeting.

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This Court is of the view that the petitioner being registered under the Trade Union Act, they shall be treated in par with other Trade Unions. Therefore, along with other unions, petitioner shall also be invited for participation in conferences and conciliations. The 2^nd respondent shall ensure that the petitioner is also treated in par with other unions in the State.

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The writ petition is therefore disposed of in the light of the above.

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A.MUHAMED MUSTAQUE, JUDGE

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Bb/20/12/2016

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[True copy] P.A to Judge

Kerala Trade Union Congress (K.T.U.C.(J)) v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kerala Trade Union Congress (K.T.U.C.(J)) v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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