COCHIN INTERNATIONAL AIRPORT MAZDOOR SANGH v. REGIONAL JOINT LABOUR COMMISSIONER
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE N.NAGARESH
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-25. COCHIN INTERNATIONAL AIRPORT MAZDOOR SANGH v. REGIONAL JOINT LABOUR COMMISSIONER. Read the judgment and case...
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE N. NAGARESH TH THURSDAY, THE 25 DAY OF JULY 2024 / 3RD SRAVANA, 1946 WP(C) NO. 31473 OF 2023 PETITIONER: COCHIN INTERNATIONAL AIRPORT MAZDOOR SANGH BMS OFFICE, ADAM BAZAR COMPLEX, ANGAMALY, ERNAKULAM - 683572, REPRESENTED BY ITS GENERAL SECRETARY M. P. PRADEEP KUMAR BY ADV T. C. KRISHNA RESPONDENTS: 1 REGIONAL JOINT LABOUR COMMISSIONER OFFICE OF THE REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030 2 COCHIN INTERNATIONAL AIRPORT LIMITED NEDUMBASSERY PO, ALUVA, ERNAKULAM - 683111, REPRESENTED BY ITS MANAGING DIRECTOR 3 COCHIN INTERNATIONAL AIRPORT STAFF FEDERATION (CITU) COCHIN INTERNATIONAL AIRPORT LIMITED, NEDUMBASSERY PO, ALUVA, ERNAKULAM - 683111, REPRESENTED BY ITS SECRETARY 4 COCHIN INTERNATIONAL AIRPORT STAFF ASSOCIATION (INTUC) COCHIN INTERNATIONAL AIRPORT LIMITED, NEDUMBASSERY PO, ALUVA, ERNAKULAM - 683111, REPRESENTED BY ITS SECRETARY WP(C) No.
31473 of 2023 2 BY ADVS. P. BENNY THOMAS K. S. ARUN KUMAR IYPE JOSEPH AMRUTHA K P(K/000800/2019) AMRUTHA P S(K/589/2019) VIJAY SANKAR V. H. (K/1368/2020) D. PREM KAMATH(K/1285/1998) TOM THOMAS (KAKKUZHIYIL)(K/000821/2008) ABEL TOM BENNY(K/1381/2018) AARON ZACHARIAS BENNY(K/001533/2023) BHARATH NAIR(K/002569/2022) AMRUTHA SELVAM(K/001249/2023) V. MANOJ KUMAR(K/1023/1999) K. B. RAMANAND, SPECIAL GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25. 07. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 31473 of 2023 3 JUDGMENT th Dated this the 25 day of July, 2024 The petitioner-Trade Union has approached this Court seeking the following reliefs: (i) A writ of mandamus or any other appropriate writ or order directing the respondents not to enter into any settlement before a referendum is nd conducted in the 2 respondent establishment.
(ii) A writ of mandamus or any other appropriate st writ or order directing the 1 respondent to refrain respondents 2 to 4 from entering into any settlement during the pendency of proceedings for holding a referendum. 2. When this writ petition came up for admission, this Court passed an interim order on 13. 12. 2023 stating that the settlement talks may go on subject to the outcome of the writ petition. st 3. Standing Counsel representing the 1 respondent submits that a settlement has already been arrived at between the Management and the Trade Union. It is also submitted on st behalf of the 1 respondent that Order No. G-6456/2023 dated WP(C) No. 31473 of 2023 4 18. 07. 2024 has been passed by the District Labour Officer (Enforcement) declaring the referendum to be held on 27. 07. 2024. 4. In view of the declaration of referendum, the prayers of the petitioner-Trade Union stand substantially met. 5.
In the afore circumstances, the writ petition is disposed of with the following directions: nd (i) The 2 respondent is directed to give a copy of the settlement stated to have been arrived at between the Management and Trade Union to the petitioner, if the petitioner submits an application. st (ii) The 1 respondent is directed to proceed with the order dated 18. 07. 2024 for holding referendum in accordance with law. Sd/- N. NAGARESH JUDGE spk WP(C) No. 31473 of 2023 5 APPENDIX OF WP(C) 31473/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF JUDGMENT DATED 14/8/2023 IN WP(C) NO. 7421/2023 Exhibit P2 TRUE COPY OF COMPLAINT DATED 18/9/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT RESPONDENT EXHIBITS Exhibit R3(A) A TRUE COPY OF THE LETTER SUBMITTED BY 3RD AND 4TH RESPONDENTS TO THE 2ND RESPONDENT Exhibit R3(B) A TRUE COPY OF THE WAGE SETTLEMENT NOTICE DATED 10-4-2022
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