Disposed

Sreeshad K.P. v. the Chairman and Managing Director

Kerala HC16 Nov 2020WA/1431/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ appeal filed against the Single Judge's order refusing interim relief. The court declined to examine the factual background of the underlying referendum dispute since the main writ petition was pending before the Single Judge and ordered that petitioners approach that court for an early hearing.

What did the court decide?

Writ appeal disposed with direction to appellants to approach the Single Judge for early hearing of the writ petition.

Sreeshad K.P. Vs the Chairman and Managing… — Labour and Industrial Disputes | Kerala HC (2020)

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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.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 16TH DAY OF NOVEMBER 2020 / 25TH KARTHIKA, 1942

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WA.No.1431 OF 2020

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APPELLANTS/PETITIONERS:

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1 SREESHAD K.P. CONDUCTOR GRADE-I, K.S.R.T.C., THAMARASSERY DEPOT, KOZHIKODE.

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2 INDEPENDENT TRANSPORT EMPLOYEES FEDERATION (ITEF), REPRESENTED BY ITS GENERAL SECRETARY SREESHAD K.P., FIRST FLOOR, ROOM NO.5, CORPORATION BUILDING, CHEROOTTY ROAD, KOZHIKODE.

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BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.SABU PULLAN SRI.GOKUL D. SUDHAKARAN

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RESPONDENTS/RESPONDENTS:

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1 THE CHAIRMAN AND MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695024.

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2 THE LABOUR COMMISSIONER, THOZHIL BHAVAN, VIKAS BHAVAN, THIRUVANANTHAPURAM695033.

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R2 BY SRI. P.N. SANTHOSH-SR. G.P. ADV. T.P. SAJAN, SC FOR KSRTC

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A.No.1431/2020

JUDGMENT

Dated this the 16^th day of November 2020

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Shaffique, J

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This writ appeal has been filed challenging an interim order passed by the learned Single Judge refusing to grant the interim relief and calling upon the respondents to file counter affidavit. According to the petitioners, the 2^nd petitioner is a registered Trade Union and they submitted request to Labour Commissioner on 13.08.2020 to permit them to participate in the referendum. As per Ext.P4 letter it is informed that a Returning Officer was appointed on 8.9.2020. However, their request had been rejected stating that already the proceedings had been initiated for conducting the referendum. This came to be challenged before this Court.

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Learned Senior Counsel appearing for the appellants had argued that, insofar as no proceedings relating to the referendum had taken place prior to the request for participating in the referendum, they should be permitted to participate in the referendum.

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Learned Government Pleader had filed a statement inter alia stating that the General Secretary, Kerala State Transport Employees Sangh (BMS) submitted an application before the Registrar

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W.A.No.1431/2020

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of Trade Unions on 1.07.2019 along with an application in Form A with necessary fees. The president of Transport Democratic Federation (TDF) has also submitted same application. A meeting was convened and the representatives of Trade Unions attended the meeting. KSRTC did not attend the meeting and therefore a hearing was conducted on 22.11.2019. It is therefore submitted that all the Trade Unions were called for by means of a letter dated 3.12.2019 addressed to the KSRTC management. Subsequently, by letter dated 19.12.2019 Chairman and the Managing Director of KSRTC submitted the detailed particulars of the Trade Unions in KSRTC, which was received in the office of the Labour Commissioner on 23.12.2019. A statutory notice under Rule 6(5) of the Kerala Recognition of Trade Unions Rules 2011 was issued by the Registrar of Trade Unions on 22.01.2020 to all concerned. Annexure R2(b) is the said notice. It is therefore submitted that process of referendum has originally initiated as early as on 1.07.2019 and the Registrar has ascertained whether there is any other eligible Trade Unions interested in submitting application for recognition and all eligible Trade Unions were determined as per proceedings dated 20.02.2020 which is produced as Annexure R2(c). It is therefore the contention of the State that the petitioners' request was rightly rejected.

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We don't think that we should go into the factual

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W.A.No.1431/2020

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background involved in the case, especially when the matter is pending before the learned Single Judge and we do not think that any interim order can be issued to stay the proceedings. It is open for the petitioners to approach the learned Single Judge for an early hearing of the writ petition.

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With the above observation, this writ appeal is disposed of.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

GOPINATH P.

True copy

JUDGE

P.A. To Judge

W.A.No.1431/2020

APPENDIX:

APPELLANTS' EXHIBITS:

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ANNEXURE I TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND APPELLANT BEFORE THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS:

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ANNEXURE R2(a) TRUE COPY OF THE LETTER DATED 03.12.2019 ADDRESSED TO THE KSRTC MANAGEMENT BY THE REGISTRAR OF TRADE UNIONS/LABOUR COMMISSIONER. ANNEXURE R2(b) TRUE COPY OF THE NOTICE ISSUED UNDER RULE 6(5) OF THE KERALA RECOGNITION TRADE UNIONS RULES 2011 ISSUED BY THE REGISTRAR OF TRADE UNIONS ALONG WITH THE COVERING LETTER DATED 22.01.2020. ANNEXURE R2(c) TRUE COPY OF THE PROCEEDINGS NO.IR(5) 9202/2019 DATED 20.02.2020. ANNEXURE R2(d) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 09.11.2020 IN THE OFFICE OF THE REGIONAL JOINT LABOUR COMMISSIONER AT ERNAKULAM. ANNEXURE R2(e) TRUE COPY OF THE COMMUNICATION DATED 10.11.2020 OF THE REGIONAL JOINT LABOUR COMMISSIONER.

Sreeshad K.P. v. the Chairman and Managing Director

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Sreeshad K.P. v. the Chairman and Managing Director

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