THRISSUR DISTRICT LOADING AND UNLOADING GENERAL WORKERS UNION (REGD) (AITUC) Vs. DISTRICT LABOUR OFFICER, THRISSUR

JUDGEMENT

(1.) The petitioner is a trade union. The petitioner has filed this writ petition aggrieved by Ext.P5 order of the first respondent dismissing an appeal filed against the proceedings of the second respondent. According to the petitioner, the second respondent has granted registration to respondents 3 to 9 under Rule 26A of the Kerala Headload Workers Rules, 1978 ('the Rules' for short). Though the petitioner had challenged the said action before the first respondent by filing an appeal, the appeal has also been dismissed by Ext.P5. According to the counsel for the petitioner, there were disputes between the petitioner and the tenth respondent. The disputes were settled at the instance of the first respondent by Ext.P1 settlement. Clause 1 of 2 Ext.P1 settlement stipulates that the legal representatives of deceased employees of the union would be given registration after due enquiry. According to the petitioner, the second respondent has no authority to grant registration to any person other than the legal representatives of the deceased employees.

(2.) Adv.Koshy George, appears for the additional 11th respondent. According to the counsel, it is not open to the petitioner to object to the grant of registration under Section 26A of the Rules to others for the reason that the refusal of such registration would violate the fundamental rights of the said persons. The counsel also places reliance on a judgment of this Court, Rajeev v. District Labour Officer, 2010 4 KerLT 783 to support his contention.

(3.) I have heard the counsel for the petitioner as well as the counsel for the additional 11th respondent. I have considered the rival contentions anxiously.