Shaji Thilakan v. The Labour Commissioner

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 12TH DAY OF MARCH 2015/21ST PHALGUNA, 1936 WP(C).No. 7893 of 2015 (J) --------------------------- PETITIONER(S)/PETITIONER:

------------------------------------------ SHAJI THILAKAN, WORKING PRESIDENT APPOLO TYRES CONTRACT WORKERS ASSOCIATION PERAMBRA P.O., THRISSUR-680689.

BY ADVS.SRI.SHABU SREEDHARAN SRI.S.VIJAYAN SRI.N.MUHAMMAD SAJU SRI.C.PAULOSE SRI.SREEDHARAN KARATTA SMT.RESHMA ABDUL RASHEED RESPONDENT(S)/RESPONDENTS:

-------------------------------------------------

1. THE LABOUR COMMISSIONER THOZHIL BHAVAN, VIKAS BHAVAN P.O.

THIRUVANANTHAPURAM-695033.

2. THE DISTRICT LABOUR OFFICER CIVIL STATION, AYYANTHOLE, THRISSUR-680003.

3. THE ASSISTANT LABOUR OFFICER CHALAKKUDY, THRISSUR-680307.

R BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7893 of 2015 (J) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1THE TRUE COPY OF THE APPLICATION DATED 12-9-2014. EXHIBIT P2THE TRUE COPY OF THE CHELAN DATED 25-8-2014. EXHIBIT P3THE TRUE COPY OF THE PERFORMA NO.1 FORWARDED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 12-01-2015.

EXHIBIT P4THE TRUE COPY OF THE LETTER DATED 25-2-2015. EXHIBIT P5THE TRUE COPY OF THE REPLY DATED 4-3-2015. EXHIBIT P6THE TRUE COPY OF THE REPRESENTATION DATED 5-3-2015. RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- // TRUE COPY // P.A to Judge SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.7893 of 2015 - J ====================== Dated this the 12th day of March, 2015

J U D G M E N T

The petitioner has filed the above writ petition on the ground that the 2nd respondent is not considering the application for registration of the petitioner's Trade Union, as applied for by Ext.P1, on the basis of the undue influence exerted by the office bearers of another Union functioning in the establishment. Neither the establishment nor the other Unions already registered and functioning within the establishment is impleaded herein.

For that short reason, the writ petition would stand closed without prejudice to the right of the petitioner to fie a proper writ petition.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge