TRANSPORT DEMOCRATIC FEDERATION Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) The appellants in W.A.No.872 of 2016 are the petitioners in W.P. (C) No.10150 of 2016 and the appellants in W.A.No.875 of 2016 are the petitioners in W.P.(C) No.12095 of 2016. The writ petitions were filed seeking the intervention of this court in the matter of conducting a referendum amongst the employees of the Kerala State Road Transport Corporation. Though, initially by Ext.P9 order dated 4.3.2016 the Registrar of Trade Unions, viz. the Labour Commissioner appointed Shri P.J. Joy, Regional Joint Labour Commissioner as Returning Officer to hold the referendum and directed him to hold the referendum within 30 days, in view of the announcement of the election schedule by the Election Commission, it was kept in abeyance by Ext.P10 letter dated 8.3.2016. Thereafter, the Chief Electoral Officer sent Ext.P11 produced in W.P.(C) No.12095 of 2016 to the Managing Director of the Kerala State Road Transport Corporation requesting him to keep the referendum in abeyance till the elections to the Kerala Legislative Assembly are held. The learned single judge W.A.Nos.872 and 875 of 2016 and W.P.(C) Nos.10150 and 12095 of 2016 adjourned the writ petitions to be posted after the elections are over, on the ground that until the elections are held, the writ petitions cannot be considered. The said order is under challenge in these writ appeals.

(2.) The main ground raised in the instant writ appeals is that unless the referendum is held within a period of three years and six months after the appellants organisation was recognised, it will cease to be a recognised union and the management will have to negotiate with all the trade unions in matters involving the interests and welfare of the employees. The term of the appellant organisation will come to an end on 3.5.2016. Even if the writ petitions were to be allowed, a referendum cannot be held before that date. In such circumstances, we are of the opinion that the proper course will be to dispose of these appeals and with the consent of parties, the writ petitions from which these appeals arise, by directing that the referendum be held within thirty days from today in accordance with the terms and stipulations in the order dated 4.3.2016 issued by the Registrar of Trade Unions. Writ Appeal Nos.872 and 875 of 2016 and W.P.(C) Nos.10150 and 12095 of 2016 are accordingly disposed of with the aforesaid W.A.Nos.872 and 875 of 2016 and W.P.(C) Nos.10150 and 12095 of 2016 directions. Registry to post W.P.(C) No.6027 of 2016 as per roster on 26.5.2016.