Asianet Employees Federation (Aituc) v. Asianet Satellite Communications Limited
2018-01-05
P.B.SURESH KUMAR
body2018
DigiLaw.ai
JUDGMENT : P.B. Suresh Kumar, J. Petitioner is a registered trade union. Ext.P2 is an application preferred by the petitioner for certificate of recognition invoking the provisions contained in the Kerala Recognition of Trade Unions Act, 2010. The grievance of the petitioner is that Ext.P2 application is not being considered by the competent authority namely, the second respondent. The petitioner, therefore, seeks appropriate directions in this regard, in this writ petition. 2. Heard the learned counsel for the petitioner as also the learned counsel for the first respondent, the employer. 3. The learned counsel for the first respondent submits that only registered trade unions are entitled to the certificate of registration and the employer has filed an application before the competent authority for cancellation of the registration of the petitioner and the matter is pending. According to the learned counsel for the first respondent, when the application preferred by the employer for cancellation of the registration of the petitioner is pending before the competent authority under the relevant statute, it may not be appropriate for the petitioner to obtain a direction to the second respondent to take a decision on Ext.P2. 4. Ext.P2 is a statutory application. The rules framed under the Kerala Recognition of Trade Unions Act provides the procedure to be followed in the matter of considering the application for certificate of registration. Statutory applications in the nature of Ext.P2 have to be considered by the competent authority in accordance with the statute and the rules made thereunder. If the pendency of the application preferred by the employer for cancellation of the registration of the petitioner does not create an impediment in the statutory authority considering Ext.P2 application in terms of the statute, the statutory authority cannot withhold the said application on that ground. In the said view of the matter, the writ petition is disposed of directing the second respondent to take a decision on Ext.P2 application in accordance with law after affording the petitioner as also the first respondent an opportunity of hearing. This shall be done within one month from the date of receipt of a copy of this judgment.