Fact Workers Organization v. Fertilisers and Chemicals Travancore Limited and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE S.V.BHATTI** **&** **THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 6[TH] DAY OF FEBRUARY 2023 / 17TH MAGHA, 1944** **WA NO. 1553 OF 2022** ## **WP(C) 28343/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** FACT WORKERS ORGANIZATION, REG. NO. 07-43/95, UDYOGAMANDAL, ERNAKULAM 683 501, REPRESENTED BY ITS GENERAL SECRETARY BY ADVS. R.SANJITH C.S.SINDHU KRISHNAH P.S.ANJU SURAJ KRISHNAN SHALU JOSE SIDHI K. KUTTY ## **RESPONDENT/S:** 1 THE FERTILISERS AND CHEMICALS TRAVANCORE LIMITED UDYOGAMANDAL, ERNAKULAM 683 501, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR 2 THE CHAIRMAN AND MANAGING DIRECTOR, FERTILISERS AND CHEMICALS TRAVANCORE LIMITED, UDYOGAMANDAL, ERNAKULAM 683 501, 3 CHIEF GENERAL MANAGER (HR & A), FERTILISERS AND CHEMICALS TRAVANCORE LIMITED, UDYOGAMANDAL, ERNAKULAM 683 501 4 REGIONAL LABOUR COMMISSIONER (CENTRAL), OFFICE OF THE REGIONAL COMMISSIONER(CENTRAL), OLIMUGHAL, VAYUSENA ROAD, THRIKKAKKARA, KAKKANAD, ERNAKULAM, **WA NO. 1553 OF 2022** -2- - 5 DEPUTY REGISTRAR OF TRADE UNIONS & DISTRICT LABOUR OFFICER, 4TH FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM-, PIN - 682030 - 6 FACT EMPLOYEES ASSOCIATION (CITU), FERTILISERS AND CHEMICALS TRAVANCORE LIMITED, UDYOGAMANDAL, ERNAKULAM, PIN - 683501. REPRESENTED BY ITS GENERAL SECRETARY, - 7 FACT WORKERS UNION, FERTILISERS AND CHEMICALS TRAVANCORE LIMITED, UDYOGAMANDAL, ERNAKULAM, PIN - 683501. REPRESENTED BY ITS GENERAL SECRETARY - 8 FACT EMPLOYEES CONGRESS(INTUC), FERTILISERS AND CHEMICALS TRAVANCORE LIMITED, UDYOGAMANDAL, ERNAKULAM, PIN - 683501 . REPRESENTED BY ITS GENERAL SECRETARY - 9 FACT EMPLOYEES ORGANISATION (BMS), FERTILISERS AND CHEMICALS TRAVANCORE LIMITED, UDYOGAMANDAL, ERNAKULAM, PIN - 683501. REPRESENTED BY ITS GENERAL SECRETARY, - 10 FACT (CD) EMPLOYEES ASSOCIATION, FERTILISERS AND CHEMICALS TRAVANCORE LIMITED, AMBALUMEDU P.O, ERNAKULAM, PIN – 682 303. REPRESENTED BY ITS GENERAL SECRETARY - 11 FACT (CD) EMPLOYEES SANGH, FERTILISERS AND CHEMICALS TRAVANCORE LIMITED, AMBALUMEDU P.O, ERNAKULAM, PIN - 682303. REPRESENTED BY ITS GENERAL SECRETARY, - 12 FACT (CD) WORKERS CONGRESS (INTUC) FERTILISERS AND CHEMICALS TRAVANCORE LIMITED, AMBALUMEDU P.O, ERNAKULAM, PIN - 682303. REPRESENTED BY ITS GENERAL SECRETARY **WA NO. 1553 OF 2022** -3- BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI(K/413/1984) JOSON MANAVALAN(J-526) KURYAN THOMAS(K/131/2003) PAULOSE C. ABRAHAM(MAH/58/2006) RAJA KANNAN(K/356/2008) JAI MOHAN(D/2454/2009) ## **OTHER PRESENT:** SRI. P. M. SHAMEER - GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WA NO. 1553 OF 2022** -4- # **S.V.BHATTI & BASANT BALAJI, JJ.** - - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - ## **Writ Appeal NO. 1553 OF 2022** - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - ## JUDGMENT (Dated this the 6[th] day of February 2023) ## Basant Balaji J., The appellant was the petitioner in W.P.(C) No.28343 of 2022. The appellant has filed the Writ Petition for the following reliefs: “i) To call for the records leading to the issuance of Exhibit P1 and examine its legality, propriety and quash the same by issuing a writ of certiorari. ii) To issue a writ of mandamus and command respondents 1 to 3 to take steps to conduct trade union referendum at corporate- level by way of secret ballot and grant recognition only to those trade unions which secure 20% votes as a recognized bargaining agent of the workmen, within a time frame to be fixed by this Honourable Court. iii) To issue a writ of mandamus and command the 4th respondent to act as an independent observer for conducting a corporate level referendum at the 1[st] **WA NO. 1553 OF 2022** -5- respondent as contemplated in Exhibit P2. iv) To issue a writ of mandamus and command the 2nd respondent to conduct an inquiry as to the legal status of the present trade unions operating in 1[st] respondent company and reject/eliminate those trade unions which are found to be operating illegally in the company. v) To pass any other and such other orders as this Honourable Court deem fit to pass in the nature and circumstance of the case. vi) To award the cost of this proceedings to the petitioners.” 2. Ext.P1 was the proceedings of the 2[nd] respondent whereby a referendum was sought to be conducted for recognition of trade union in Udyogamandal complex alone. The petitioners had approached earlier with W.P.(C) No. 15901 of 2022 for a direction to conduct trade union referendum at corporate level by way of secret ballot and to grant recognition only to those trade unions which secure 20% votes as recognised bargaining agent of the workers. **WA NO. 1553 OF 2022** -6- ## 3. The said writ petition was disposed of as follows: “After this, one of the Trade Unions was recognized but the validity of the same expired thereafter no such referendum was conducted. I am of the view that it is a fit case where directions are required to be issued to the respondents to take a call on the representation for holding the referendum as early as possible. 2[nd] respondent is therefore directed to take call on the representation in accordance with the directions and the judgment of the Supreme Court and judgments passed by this Court in Ext.P1, by affording a opportunity to all the trade unions registered under the Trade Unions Act and recognized by the respondents Let this exercise be undertaken within a period of two months from the date of receipt of a certified copy of the judgment.” 4. The 2[nd] respondent has passed Ext.P1 in compliance with the directions in Ext.P2 judgment. The **WA NO. 1553 OF 2022** -7- said order of the 2[nd] respondent was impugned in the Writ Petition. The learned Single Judge took note of the earlier directions passed by this court held that the respondent have complied with the directions of the court for holding a referendum for recognition of trade union at Udyogamandal complex in terms of the norms laid down by the Apex Court in judgment in **Food Corporation of India Staff Union v. Food Corporation of India and others (1995 KHC 583)** . It was also taken note that it is as per clause 10 of the minutes dated 5.4.2022 in the long term settlement signed by the management and the trade unions it was agreed to conduct referendum. Therefore, the learned Single Judge went on to hold that the directions contained in the earlier judgment have been strictly complied with and the proceedings issued by the **WA NO. 1553 OF 2022** -8- 2[nd] respondent does not show any illegality or perversity. 5. We have gone through the Writ Petition as well as the judgment of the learned Single Judge. It is on the directions of this court in W.P.(C) No.15901 of 2022 that Ext.P1 proceedings was issued. This court only directed the respondents to take a call on the representation for holding referendum as early as possible in accordance with the directions of judgment of the Apex Court. The 2[nd] respondent had issued Ext.P1 taking note of the fact that Udogamandal complex and Cochin divisions are two separate divisions and function is also independent. The appellant organisation was recognised in erstwhile Petrochemical Division which is now part of the Udyogamandal complex and it does not have any stake in the other divisions of the company. Therefore, the **WA NO. 1553 OF 2022** -9- referendum can be conducted only in Udyogamandal complex. We do not find that there are grounds to interfere with the judgment of the learned Single Judge. 6. But at the same time, we direct the 4[th] respondent to conduct the referendum as directed in Ext.P1 within 6 weeks from the date of receipt of a certified copy of the judgment. With this observation, the judgment of the learned Single Judge stands modified. Writ Appeal disposed of. sd/- **S.V.BHATTI, JUDGE** **sd/-** **BASANT BALAJI, JUDGE** _dl/_ **WA NO. 1553 OF 2022** -10- ## **APPENDIX OF WA 1553/2022** PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE RTI APPLICATION DATED 06-09-2022 PREFERRED BY THE GENERAL SECRETARY. Annexure2 TRUE COPY OF THE REPLY DATED 26-09-2022 ISSUED TO ANNEXURE A1 APPLICATION UNDER RTI ACT.