High Court of KeralaWP(C)/16391/2009dismissed as infructuous

Kerala Agro Machinery Corporation Employ v. State Of Kerala

2015-01-15Honourable Mr.Justice C.K.Abdul Rehim4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 WP(C).No. 16391 of 2009 (T) ---------------------------- PETITIONER(S):

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1. KERALA AGRO MACHINERY CORPORATION EMPLOYEES UNION, REPRESENTED BY ITS GENERAL, SECRETARY P.A.BASHEER, REG.NO.146/74, ATHANI P.O.

683 585, ERNAKULAM.

2. KAMCO EMPLOYEES CENTRE (U.T.U.C) REPRESENTED BY ITS SECRETARY, MR.RAMACHANDRAN NAIR REG.NO.07-49/98, ATHANI P.O 683 585 ERNAKULAM DISTRICT.

BY ADVS.SRI.C.S.AJITH PRAKASH SRI.T.D.SALIM SRI.PAUL C THOMAS RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, AGRICULTURAL DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

2. THE SECRETARY, LABOUR AND REHABILITATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

3. THE LABOUR COMMISSIONER, OFFICE OF THE LABOUR COMMISSIONER, SANTHI NAGAR THIRUVANANTHAPURAM.

4. THE DEPUTY LABOUR COMMISSIONER, CIVIL STATION, KAKKANAD, ERNAKULAM.

5. KERALA AGRO MACHINERY CORPORATION LTD., (KAMCO LTD), (GOVERNMENT OF KERALA UNDERTAKING) REPRESENTED, BY MANAGING DIRECTOR, KAMCO LTD REGD OFFICE, ATHANI 683 585.

6. THE MANAGING DIRECTOR, KERALA AGRO MACHINERY CORPORATION LTD.

ATHANI 683 585, ERNAKULAM.

WP(C).No. 16391 of 2009 *ADDL. R7 IMPLEADED KAMCO EMPLOYEES FEDERATION (AITUC) REG:NO.359/1982, ATHANI, ERNAKULAM, IS IMPLEADED AS ADDL. R7 AS PER ORDER DATED 13.7.2009 IN I.A. NO.8448/09 R5 & 6 BY ADV. SRI.E.K.NANDAKUMAR R5 & 6 BY ADV. SRI.A.K.JAYASANKAR NAMBIAR R5 & 6 BY ADV. SRI.K.JOHN MATHAI R5 & 6 BY ADV. SRI.P.BENNY THOMAS R5 & 6 BY ADV. SRI.ANIL D. NAIR R5 & 6 BY ADV. SRI.V.J.ANAND ADDL.R7 BY ADV. SRI.C.ANIL KUMAR ADDL.R7 BY ADV. SMT.A.K.PREETHA BY SRI.E.K.NANDAKUMAR, SC FOR KAMCO BY SRI.E.K.NANDAKUMAR, SC FOR KAMCO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SKV

C.K.ABDUL REHIM, J =================== W.P.(C). No.16391 OF 2009 ======================= Dated this the 15th day of January, 2015

JUDGMENT

Steps taken for conducting a referendum among the trade unions in the 5th respondent company was under challenge in this writ petition. The impugned notices pertains to the referendum which was proposed during the year 2009. There was no interim order granted restraining the conduct of the referendum. It is submitted by the learned Standing Counsel appearing for respondents 5 and 6 that the referendum was already conducted pursuant to the impugned notices, during the year 2009 itself, and also during the subsequent periods. Therefore it is evident that the relief sought for in this writ petition has become infructuous.

However, the petitioner will be at liberty to question the incorporation of different units of the 5th respondent company or to question any referendum

W.P.(C). No.16391 OF 2009 2 proposed in view on that basis to the extent sustainable under law, in appropriate proceedings.

Under the above mentioned circumstances this writ petition is dismissed as infructuous reserving liberty to the petitioner to the extent as mentioned above. Sd/- C.K.ABDUL REHIM, JUDGE.

/TRUE COPY/ P.A. TO JUDGE SKV