Dismissed

Synthite Industries Employees Union (Citu) v. District Labour Officer (Enforcement) and Returning Officer

Kerala HC12 Dec 2018WP(C)/32016/2018

Case brief

AI extract

What is this about?

The single judge dismissed two writ petitions filed by competing trade unions challenging the draft voter list for trade union recognition elections. The court, after an interim order, closed the petitions upon counsel giving up the objections and directed the announcement of election results.

What did the court decide?

Writ petitions closed and the Returning Officer directed to announce the election results.

Synthite Industries Employees Union (Citu) Vs District… — Service and Employment | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY,THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

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WP(C).No. 32016 of 2018

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PETITIONER:

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SYNTHITE INDUSTRIES EMPLOYEES UNION (CITU)

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E.M.S. SMARAKA MANDIRAM, KADAYIRIPPU, KOLENCHERY - 682 311, REPRESENTED BY ITS GENERAL SECRETARY, NITHEESH BABY, AGED 24 YEARS, S/O. BABY VARGHESE, VYSSERIL HOUSE, EDAKKATTUVAYAL P.O., ARAKKUNNAM, ERNAKULAM - 682 313.

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BY ADVS. SRI.T.B.HOOD SMT.M.ISHA

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RESPONDENTS:

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1 DISTRICT LABOUR OFFICER (ENFORCEMENT) AND RETURNING OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.

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2 SYNTHITE INDUSTRIES LIMITED, SYNTHITE VALLEY, KOLENCHERY, ERNAKULAM682 311.

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3 SYNTHITE EMPLOYEES WELFARE ASSOCIATION, ROOM NO.593, SYNTHITE VALLEY, KADAYIRIPPU, KOLENCHERY 682311, REPRESENTED BY ITS SECRETARY.

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BY ADVS. B.ASHOK SHENOY SRI.P.BENNY THOMAS SRI.K.V.GEORGE SRI.P.N.RAJAGOPALAN NAIR SRI.P.S.GIREESH SRI.RIYAL DEVASSY SRI.D.PREM KAMATH

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GP SRI MATHEW GEORGE VADAKKEL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.12.2018, ALONG WITH WP(C).31814/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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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 DAMA SESHADRI NAIDU WEDNESDAY, THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

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WP (C). No. 31814 of 2018

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PETITIONER:

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SYNTHITE EMPLOYEES WELFARE ASSOCIATION ROOM NO.593, SYNTHITE VALLEY, KADAYIRUPPU, KOLENCHERY - 682 311., REPRESENTED BY ITS SECRETARY, JAYAN R., AGED 43 YEARS, SON OF RAMAN NAIR, RESIDING AT OLALIL HOUSE, VALAMBUR, MAZHZVANNOOR P.O., 686 669.

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BY ADVS.

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SRI.B.ASHOK SHENOY SRI.K.V.GEORGE SRI.P.N.RAJAGOPALAN NAIR SRI.P.S.GIREESH SRI.RIYAL DEVASSY

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RESPONDENTS:

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1 THE DISTRICT LABOUR OFFICER(ENFORCEMENT) AND RETURNING OFFICER OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM, KOCHI - 682 030.

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2 SYNTHITE INDUSTRIES LTD., SYNTHITE VALLEY, KOLENCHERY-682 311.

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3 SYNTHITE INDUSTRIES EMPLOYEES UNION(CITU), REPRESENTED BY ITS GENERAL SECRETARY, EMS SMARAKA MANDIRAM, KADAYIRUPPU P.O., PIN-682 311.

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BY ADVS. SRI.P.BENNY THOMAS SRI.T.B.HOOD SRI.AMAL KASHA SMT.M.ISHA SRI.D.PREM KAMATH B.ASHOK SHENOY

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GP SRI MATHEW GEORGE VADAKKEL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.12.2018, ALONG WITH WP(C).32016/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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[ WP(C) 32016/2018 ,WP(C) 31814/2018 ]

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JUDGMENT

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Two trade unions sought recognition under Kerala Recognition of Trade Unions Act 2010. When the Ext.P1 notification for election was issued, the trade unions objected against the draft voters list published by the 1^st respondent. On those objections, the District Labour Officer (Enforcement), as the Returning Officer, passed the Ext.P2 order: he accepted a few objections and rejected the remaining ones. Aggrieved, both the unions have filed these two writ petitions independently.

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Initially on 28th September 2018, this Court issued an interim order:

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“First and second respondents shall provisionally include the 49 workmen named against objections Nos.1, 4 and 6, as enumerated in Ext.P2 order and permit them to cast vote in the ensuing election to be held pursuant to Ext.P1. The votes cast by the 16 workmen named against objection No.1 of petitioner as enumerated in Ext.P2 order shall be

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placed in a seperate box. The results shall not be published without orders from this Court.”

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Later, under this Court’s direction, the Returning

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Officer has also submitted the result in the sealed cover.

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Now the counsel for the petitioners in both the writ petitions inform the Court that the petitioners give up all their objections against the Ext.P2. Therefore, they want this Court to direct the Presiding Officer to announce the results. Accordingly, I close the writ petition, directing the 1^st respondent to announce the results.

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Sd/-

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DAMA SESHADRI NAIDU JUDGE

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mpm

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APPENDIX OF WP(C) 32016/2018

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE MINUTES OF THE JOINT MEETING CONVENED BY THE 1ST RESPONDENT ON 14.09.2018.

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EXHIBIT P2 TRUE COPY OF THE ELECTION NOTIFICATION DATED 17.09.2018 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER AGAINST INCLUSION OF 19 WORKERS IN THE ELECTORAL ROLL, ALONG WITH ITS TRUE ENGLISH TRANSLATION.

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EXHIBIT P4

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TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER AGAINST INCLUSION OF 41 WORKERS IN THE ELECTORAL ROLL, ALONG WITH ITS TRUE ENGLISH TRANSLATION.

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EXHIBIT P5 TRUE COPY OF THE ORDER DATED 24.09.2018 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P6

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TRUE COPY OF THE INTERIM ORDER DATED 28.09.2018 IN WRIT PETITION (C)NO.31814/2018.

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RESPONDENTS' EXHIBITS – NIL

//TRUE COPY//

P.A. TO JUDGE

APPENDIX OF WP(C) 31814/2018

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF ORDER NO.G 6436/2018 DATED 17.09.2018 ISSUED BYN1ST RESPONDENT ALONG WITH THE MINUTES OF METING HELD BY 1ST RESPONDENT BETWEEN PETITIONER AND RESPONDENTS NOS.2 AND 3 ON 14.09.2018, ATTACHED THEREWITH, ALONG WITH ITS TRUE ENGLISH TRANSLATION.

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EXHIBIT P2 TRUE COPY OF ORDER NO.G 6436/2018 DATED 24.09.2018 PASSED BY 1ST RESPONDENT ALONG WITH ITS TRUE ENGLISH TRANSLATION.

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RESPONDENTS' EXHIBITS – NIL

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//TRUE COPY//

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P.A. TO JUDGE

Synthite Industries Employees Union (Citu) v. District Labour Officer (Enforcement) and Returning Officer

Case brief

What is this about?

What did the court decide?

Synthite Industries Employees Union (Citu) v. District Labour Officer (Enforcement) and Returning Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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