Ysr Ap Electricity Employees Union, v. The Commissioner, Department Of Labour,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.38305 OF 2012 ORDER:

The case of the petitioner is that some of the employees of the electricity Department formed an association in the name and style of YSR Electricity Employees and the main object of the Union is to represent the grievances of the needy employees before the authorities concerned and render justice. For registration of the said union, the employees of the union made an application before the respondent authorities on 04.08.2011 under the provisions of Trade Union Act, 1926. While so, the General Secretary of YSR Genco Employees Union, filed objections alleging that the name of the petitioner union is similar and identical to that of their union. In respect of the same, the 2nd respondent got issued a notice dated 07.12.2011 to the petitioner and also to the objector i.e., YSR Genco Employees Union asking them to appear before him on 14.12.

2001 to substantiate their claim on the usage of union's name. Accordingly, the petitioner appeared before the 2nd respondent and also submitted written objections as directed by the 2nd respondent. Inspite of the same, no action has been initiated. Aggrieved by the same, the present writ petition is filed.

Heard the learned counsel for the petitioner. Learned Assistant Government Pleader for Labour submits that objecting the registration of the petitioner union, General Secretary of YSR Genco Employees Union filed W.P.No.24597 of 2011 and this Court granted interim order directing the respondents to consider their objections against registration of the petitioner's

union. He further submits that in view of the said order, notice dated 07.12.2011 was issued to both the parties and further action will be taken.

It is to be seen that on the application of the petitioner for registration of their union, the 2nd respondent called for objections and in pursuance of the same, the General Secretary of YSR Genco Employees Union filed objections and also a writ petition before this Court and this Court granted interim order directing the 2nd respondent to consider the objections of the petitioner therein. Thereafter, the 2nd respondent issued notice dated 07.12.2011, asking the petitioner and the objector to appear before him on 14.12.2001. Subsequently, no action has been initiated by the 2nd respondent.

In view of the same, the 2nd respondent is directed to take further action in pursuant to the notice dated 07.12.2011, after issuing notice to the petitioner's union as well as the objector and any other affected parties, if any and pass appropriate orders thereon. The said exercise shall be done within a period of three (03) months from the date of receipt of copy of this order. No costs. With the above direction, the writ petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 29.06.2017 dv