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High CourtsSingle Bench(2023) 08 KL CK 0126

Cochin International Airport Mazdoor Sangh vs Regional Joint Labour Commissioner

High Court Of Kerala · Decided on 14 August 2023

HON’BLE JUDGES
Murali Purushothaman, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 7421 Of 2023

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Judgment

10 paragraphs · 328 words

Murali Purushothaman, J

1.

The petitioner, a registered trade union, had submitted Ext.P2 application before the 1st respondent for certification of recognition, as envisaged under Rule 5 of the Kerala Recognition Trade Unions Rules, 2011 (hereinafter referred to as 'the Rules' for short). The grievance of the petitioner is that Ext.P2 application is not yet processed by the 1st respondent. Accordingly, the petitioner has filed this writ petition for the following reliefs:

“(a) A writ of mandamus or any other appropriate writ or order directing the respondents to conduct a referendum on the basis of Exhibit P-2 application submitted by the petitioner.

(b) A writ of mandamus or any other appropriate writ or order directing the 2nd respondent not to enter into any settlement without holding a referendum;

(c) Issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case.”

2.

During the pendency of this writ petition, Ext.P2 application was returned by the 1st respondent on the ground that the details of other registered trade union, as required in column No.6 of the application is incomplete.

3.

The 2nd respondent has filed a counter affidavit. In paragraph '12' of the said affidavit and in Ext.R2(a) produced along with the same, the 2nd respondent has furnished the necessary details enabling the petitioner to cure the defects pointed out in Ext.P2 application.

4.

It is submitted by the learned counsel for the petitioner that on the basis of the details furnished by the 2nd respondent, Ext.P2 application was re-presented before the 1st respondent on 11.08.2023.

In the light of the said submission, this writ petition is disposed of with a direction to the 1st respondent to consider and pass appropriate orders on Ext.P2 application submitted by the petitioner, in accordance with the Rules, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

The writ petition is disposed of.