Y.RAJEEV REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Criminal Petition is filed to quash proceedings in S.T.C.No.498 of 2013 on the file of the XII Additional Metropolitan Magistrate, City Criminal Courts, Red Hills, Nampally, Hyderabad. Brief facts leading to this petition are as follows:

(2.) THE main grounds urged for quash are: Firstly, that there is no material to show that the unfair labour practice is observed in the establishment of Hotel Amrutha Castle. According to petitioner, his establishment has no knowledge about the union registered under the name Hotel Amrutha Castle Employees Union as no such information was given in accordance with the provisions of Trade Unions Act, 1926. According to petitioner, a procedure is prescribed to recognize Trade union by any establishment and without proper intimation as required under law, the management cannot be attributed with knowledge of registration of Trade Union. According to petitioner, it is mandatory that formation of an union and election of office -bearers has to be intimated in accordance with the procedure laid down under Trade Union Act and Rules, to the management and mere hoisting union flag by itself cannot be considered as knowledge or intimation to the management.

(3.) THE other contention of the petitioner is that the said Ganesh Reddy is not a worker and he is only a supervisor and therefore, he do not fall under the purview of provisions of the Act.