NIRMITHI KENDRA EMPLOYEES ORGANISATION Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is an organisation of workers of Nirmithi Kendra. The petitioner has total misconception about the Writ Petition. This Original Petition is the result of such misconception of a trade union. Exts. P3, P5 and P7 are under challenge. Petitioner union seeks a direction to the respondents to deposit their money in Special Treasury Savings Bank Account. I am unable to conceive how a trade union can seek such a direction. Where an amount in the hands of a body is to be deposited is a matter for that body to decide. If it is a Government sector organisation, it shall be governed by Government Orders. The petitioner cannot be stated to be aggrieved with respect to the deposits of a Government organisation. Admittedly Nirmithi Kendra is a Government sponsored agency. Ext. P3 is a communication from the Government to that agency to ascertain whether that agency had deposited the fund available with that agency in the treasury. Ext. P4 is another communication ascertaining whether such directions have been complied with. Ext. P5 is a general circular issued on 21.1.1999 directing several public undertakings to deposit the amount available with such organisations to the treasury concerned. Ext. P7 is yet another Government letter addressed to the Secretary of the petitioner that its request to direct the Nirmithi Kendra to change its account from treasury to bank cannot be conceded. The petitioner is a registered organisation of employees. Necessarily it should be a Trade Union. Trade Unions are registered under the Trade Unions Act. The purpose for which a Trade Union is formed is revealed by the bye laws as per S.6(b) of the Act. The petitioner has no case before me that as per the bye laws, it can agitate in respect of the bank account of the employer; it cannot be also. The accounting of the institution where the employees are employed or its bank accounts are not matters for the Trade Unions to agitate. Original Petition therefore, fails, dismissed.