UNITED EMPLOYEES ASSOCIATION Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel appearing for respondents 3 and 4.

(2.) The petitioner, the United Employees Association, represented by its General Secretary, filed this O.P. for directing the 2nd respondent, the Regional Labour Commissioner (Central), Ernakulam, to conduct a referendum as requested in Ext. P1 at the earliest. Ext. P1 is a request made before the Assistant Labour Commissioner by the Cochin Steamer Agents Association. The Cochin Steamer Agents Association is an association registered under the Travancore - Cochin (Literary, Scientific and Charitable Societies) Registration Act. The request made before the Asst. Labour Commissioner was to take steps to conduct a referendum so that the strength of each union under the USA Pool can be assessed. Ext. P1 request also would reveal that the request was made due to the compulsion or pressure exerted from the part of the petitioner union. The recital in Ext. P1 reads:

(3.) The learned counsel appearing for the 4th respondent submitted that the prayer for conducting of a referendum cannot be allowed in view of the decision of a Division Bench of this Court in Chakola Spinning and Weaving Mill v. Chackola T.M.T. Union ( 2002 (1) KLT 578 ) Paragraph 4 of the above judgment would make it clear that the petitioner has no right to approach this Court by filing an Original Petition for directing the conduct of a referendum. Paragraph 4 of the judgment reads: