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2025 DAILYLAW 7682 (KER)

COCHIN PORT EMPLOYEES SANGH v. UNION OF INDIA

WP(C)/8150/2017 · 2025-04-07

Mohammed Nias C P

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) Nos. 8150 OF 2017, 3074 OF 2016 & 9759 OF 2015 1 2025:KER:30145 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 8150 OF 2017 PETITIONER: COCHIN PORT EMPLOYEES SANGH REG. NO.93/78 (AFFILIATED TO B.P. & DMMS AND BMS), BMS OFFICE, NVI/8, THENGADI BHAVAN, NORTH END, WILLINGDON ISLAND, COCHIN-682009, REPRESENTED BY ITS GENERAL SECRETARY, V.G.PADMAJAM, D/O.V.GOPALAN. BY ADVS. SRI.PHILIP J.VETTICKATTU SRI.VINEETH KURIAKOSE RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF SHIPPING, TRANSPORT BHAVAN 1, PARLIAMENT STREET, NEW DELHI-110001. 2 COCHIN PORT TRUST REPRESENTED BY IT SECRETARY, WILLINGDON ISLAND, COCHIN-682009 3 THE CHAIRMAN COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN- 682009 4 THE SECRETARY COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN- 682009 5 THE ADMINISTRATIVE OFFICE COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN- 682009, REPRESENTED BY ITS SECRETARY. WP(C) Nos. 8150 OF 2017, 3074 OF 2016 & 9759 OF 2015 2 2025:KER:30145 6 COCHIN PORT STAFF ASSOCIATION WILLINGDON ISLAND, NORTH END, COCHIN-682009, REPRESENTED BY ITS GENERAL SECRETARY. 7 COCHIN PORT EMPLOYEES ORGANIZATION WILLINGDON ISLAND, NORTH END, COCHIN-682009, REPRESENTED BY ITS GENERAL SECRETARY. 8 COCHIN THURUMUGHA THOZHILALI UNION WILLINGDON ISLAND, NORTH END, COCHIN-682009, REPRESENTED BY ITS GENERAL SECRETARY. 9 COCHIN HARBOUR WORKERS UNION WILLINGDON ISLAND, NORTH END, COCHIN-682009, REPRESENTED BY ITS GENERAL SECRETARY. 0 COCHIN PORT & DOCK EMPLOYEES UNION WILLINGDON ISLAND, NORTH END, COCHIN-682009, REPRESENTED BY ITS GENERAL SECRETARY. 11 COCHIN PORT THOZHILALI UNION WILLINGDON ISLAND, NORTH END, COCHIN-682009, REPRESENTED BY ITS GENERAL SECRETARY. 12 CHIEF LABOUR COMMISSIONER C OFFICE OF THE LABOUR COMMISSIONER (C), CLC(C), NEW DELHI. BY ADVS. SMT.KEERTHI SOLOMON, CGC SRI.K.ANAND SR. SRI.M.A.ASIF SRI.K.H.ASIF SRI.C.A.MAJEED SMT.MOLTY MAJEED SRI.B.N.SHIVSANKAR SRI.K.J.SHARATH KUMAR SMT.LATHA ANAND, SC, COCHIN PORT TRUST SRI.P.B.UNNIKRISHNAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, ALONG WITH WP(C).3074/2016, 9759/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos. 8150 OF 2017, 3074 OF 2016 & 9759 OF 2015 3 2025:KER:30145 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 3074 OF 2016 PETITIONER: COCHIN PORT TRUST EMPLOYEES SANGH REPRESENTED BY ITS GENERAL SECRETARY V.G.PADMAJAM, D/O.V.GOPALAN, WILLINGDON ISLAND, COCHIN-682 009. BY ADVS. SRI.PHILIP J.VETTICKATTU SRI.VINEETH KURIAKOSE RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY REPRESENTED BY THE SECRETARY, MINISTRY OF SHIPPING, TRANSPORT BHAVAN 1, PARLIAMENT STREET, NEW DELHI-110 001. 2 COCHIN PORT TRUST REPRESENTED BY THE SECRETARY, WILLINGDON ISLAND, COCHIN-682 009. 3 THE CHAIRMAN COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN-682 009. 4 THE SECRETARY COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN-682 009. 5 THE ADMINISTRATIVE OFFICE COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN-682 009, REPRESENTED BY ITS SECRETARY. WP(C) Nos. 8150 OF 2017, 3074 OF 2016 & 9759 OF 2015 4 2025:KER:30145 6 COCHIN PORT STAFF ASSOCIATION WILLINGDON ISLAND, NORTH END, COCHIN-682 009, REPRESENTED BY ITS GENERAL SECRETARY. 7 COCHIN PORT EMPLOYEES ORGANIZTION WILLINGDON ISLAND, NORTH END, COCHIN-682 009, REPRESENTED BY ITS GENERAL SECRETARY. 8 COCHIN THURAMUGHA THOZHILALI UNION WILLINGDON ISLAND, NORTH END, COCHIN-682 009, REPRESENTED BY ITS GENERAL SECRETARY. 9 COCHIN HARBOUR WORKERS UNION WILLINGDON ISLAND, NORTH END, COCHIN-682 009, REPRESENTED BY ITS GENERAL SECRETARY. 0 COCHIN PORT & DOCK EMPLOYEES UNION WILLINGDON ISLAND, NORTH END, COCHIN-682 009, REPRESENTED BY ITS GENERAL SECRETARY. 11 COCHIN PORT THOZHILALI UNION WILLINGDON ISLAND, NORTH END, COCHIN-682 009, REPRESENTED BY ITS GENERAL SECRETARY. 12 CHIEF LABOUR COMMISSIONER (C) OFFICE OF THE LABOUR COMMISSIONER(C), CLC(C), NEW DELHI. BY ADVS. SRI.JAISHANKAR V.NAIR, CGC SRI.K.ANAND SR. SRI.M.A.ASIF SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.SREEKUMAR SR. SMT.LATHA ANAND, SC, COCHIN PORT TRUST SRI.THOMAS P.KURUVILLA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, ALONG WITH WP(C).8150/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos. 8150 OF 2017, 3074 OF 2016 & 9759 OF 2015 5 2025:KER:30145 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 9759 OF 2015 PETITIONER: COCHIN PORT TRUST EMPLOYEES SANGH REP. BY ITS GENERAL SECRETARY V.G. PADMAJAM, D/O. GOPALAN, WILLINHDON ISLAND, COCHIN 682009 BY ADVS. SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH E RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY,MINISTRY OF SHIPPING TRANSPORT BHAVAN-1,PARLIAMENT STREET, NEW DELHI-110001 2 COCHIN PORT TRUST REPRESENTED BY IT SECRETARY, WILLINGDON ISLAND, COCHIN-682009 3 THE CHAIRMAN COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN-682009 4 THE SECRETARY COCHIN PORT TRUST,WILLINGDON LSLAND, COCHIN-682009 5 CHIEF LABOUR COMMISSIONER(C) OFFICE OF THE LABOUR COMMISSIONER (C), CLC(C), NEW DELHI-110001 WP(C) Nos. 8150 OF 2017, 3074 OF 2016 & 9759 OF 2015 6 2025:KER:30145 BY ADVS. SRI.JAISHANKAR V.NAIR, CGC SRI.K.ANAND SR. SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, ALONG WITH WP(C).8150/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos. 8150 OF 2017, 3074 OF 2016 & 9759 OF 2015 7 2025:KER:30145 MOHAMMED NIAS C.P., J ............................................................ W.P.(C) Nos.8150 of 2017, 3074 of 2016 & 9759 of 2015 ............................................................. Dated this the 07th day of April, 2025 JUDGMENT These writ petitions pertain to the check off process for recognition of the trade union for the period 2015, 2016, 2017 and 2018. Both sides submit that with the passage of time nothing remains to be considered in these writ petitions. Accordingly, these writ petitions are dismissed as infructuous. Sd/- MOHAMMED NIAS C.P. Anu JUDGE WP(C) Nos. 8150 OF 2017, 3074 OF 2016 & 9759 OF 2015 8 2025:KER:30145 APPENDIX OF WP(C) 3074/2016 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE SCHEME OF CHECK OFF PREPARED BY THE MINISTRY OF SURFACE TRANSPORT ALONG WITH THE COVERING LETTER DATED 26.3.1998. EXHIBIT-P2 TRUE COPY OF LETTER DATED 8.12.2014 ISSUED BY THE MINISTRY OF SHIPPING. EXHIBIT-P3 TRUE COPY OF THE CIRCULAR DATED 12.2.2015 ISSUED BY THE ADMINISTRATIVE OFFICE, COCHIN PORT TRUST. EXHIBIT-P4 TRUE COPY OF THE ANOTHER CIRCULAR DATED 19.2.2015 ISSUED BY THE ADMINISTRATIVE OFFICE, COCHIN PORT TRUST. EXHIBIT-P5 TRUE COPY OF THE INTERIM ORDER DT. 26.3.2015 ISSUED BY THIS HON'BLE COURT IN W.P[C]NO.9759/2015. EXHIBIT-P6 TRUE COPY OF THE CIRCULAR DATED 18.4.2015 ISSUED BY THE ADMINISTRATIVE OFFICE, COCHIN PORT TRUST. EXHIBIT-P7 TRUE COPY OF CIRCULAR DATED 16.1.2016 ISSUED BY THE ADMINISTRATIVE OFFICE, COCHIN PORT TRUST. WP(C) Nos. 8150 OF 2017, 3074 OF 2016 & 9759 OF 2015 9 2025:KER:30145 APPENDIX OF WP(C) 9759/2015 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF LETTER DATED 02.12.2014 ISSUED BY THE MINISTRY OF SHIPPING EXHIBIT-P2 TRUE COPY OF THE CIRCULAR DATED 07.1.2015 ISSUED BY THE COCHIN PORT TRUST EXHIBIT-P3 TRUE COPY OF THE ANOTHER CIRCULAR DATED 07.1.2015 ISSUED BY THE COCHIN PORT TRUST EXHIBIT-P4 TRUE COPY OF THE FORMAT OF THE AUTHORIZATION LETTER ISSUED ALONG WITH EXT.P3 EXHIBIT-P5 TRUE COPY OF THE CIRCULAR DATED 19.2.2015 ISSUED BY THE COCHIN PORT TRUST EXHIBIT-P6 TRUE COPY OF THE CIRCULAR DATED 23.3.2015 ISSUED BY THE COCHIN PORT TRUST EXHIBIT-P7 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 13.3.2015 ISSUED BY THE CHIEF LABOUR COMMISSIONER (C) ON 13.3.2015 WP(C) Nos. 8150 OF 2017, 3074 OF 2016 & 9759 OF 2015 10 2025:KER:30145 APPENDIX OF WP(C) 8150/2017 PETITIONER EXHIBITS EXHIBIT P1- TRUE COPY OF THE SCHEME OF CHECK OFF PREPARED BY THE MINISTRY OF SURFACE TRANSPORT ALONG WITH THE COVERING LETTER DATED 26/03/1998. EXHIBIT P2- TRUE COPY OF LETTER DATED 08/12/2014 ISSUED BY THE MINISTRY OF SHIPPING. EXHIBIT P3- TRUE COPY OF THE INTERIM ORDER DATED 26/03/2015 ISSUED BY THIS HON'BLE COURT IN W.P.(C)NO.9759/2015. EXHIBIT P4- TRUE COPY OF THE INTERIM ORDER DATED 27/01/2016 ISSUED BY THIS HON'BLE COURT IN W.P.(C)NO.3074/2016. EXHIBIT P5- TRUE COPY OF THE CIRCULAR DATED 01/03/2017 ISSUED BY THE ADMINISTRATIVE OFFICE, COCHIN PORT TRUST. EXHIBIT P6- TRUE COPY OF THE CORRIGENDUM DATED 06/03/2017 ISSUED BY THE ADMINISTRATIVE OFFICE, COCHIN PORT TRUST. EXHIBIT P7- TRUE COPY OF THE OBJECTION DATED 06/03/2017 SUBMITTED BY THE PETITIONERS TO EXT.P5. EXHIBIT P8 COPY OF PHOTO COPY OF LETTER DATED 20- 02-2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P9 COPY OF PHOTO COPY OF LETTER DATED 29.11.2016 ISSUED BY THE 1ST RESPONDENT. RESPONDENT EXHIBITS EXHIBIT R2 TRUE COPY OF THE RELEVANT PAGE OF LETTER NO.LB-11013/20/94-L.I(VOL II) DATED 23.4.98. WP(C) Nos. 8150 OF 2017, 3074 OF 2016 & 9759 OF 2015 11 2025:KER:30145 EXHIBIT R2 TRUE COPY OF THE REQUEST LETTER DATED 12.1.2010 IS PRODUCED HERE WITH AND MARKED AS EXHIBIT R2(B). EXHIBIT R2 TRUE COPY OF THE JUDGMENT DATED 16.6.2010 IN WPC.1853/2010. EXHIBIT R2 TRUE COPY OF THE MINUTES OF CONCILIATION PROCEEDINGS DATED 13.3.2015. EXHIBIT R2 TRUE COPY OF THE CIRCULAR DATED 16.1.2016. EXHIBIT R2 TRUE COPY OF THE LETTER DATED 27.1.2017. EXHIBIT R2 TRUE COPY OF THE COMMUNICATION DATED 20.2.2016. EXHIBIT R2 TRUE COPY OF THE LETTER DATED 29.11.2016 ISSUED BY THE MINISTRY TO CHENNAI PORT. EXHIBIT R2 TRUE COPY OF THE LETTER DATED 06.03.2018 OF THE GOVERNMENT OF INDIA. EXHIBIT R6 A PHOTOCOPY OF THE CIRCULAR DATED 22.2.2016 ISSUED BY SECRETARY, COCHIN PORT TRUST. EXHIBIT R6 A PHOTOCOPY OF THE PROCEEDINGS DATED 23.4.1998 ISSUED BY SECRETARY, MINISTRY OF SURFACE TRANSPORT. EXHIBIT R6 A PHOTOCOPY OF THE LETTER DATED 2.1.2015 ISSUED BY 4TH RESPONDENT. EXHIBIT R6 A PHOTOCOPY OF THE LETTER DATED 3.1.2015 SUBMITTED BY 6TH RESPONDENT. EXHIBIT R6 A PHOTOCOPY OF THE CIRCULAR DATED 12.2.2015 ISSUED BY 4TH RESPONDENT. EXHIBIT R6 A PHOTOCOPY OF THE LETTER DATED WP(C) Nos. 8150 OF 2017, 3074 OF 2016 & 9759 OF 2015 12 2025:KER:30145 14.2.2015 SUBMITTED BY 6TH RESPONDENT. EXHIBIT R6 A PHOTOCOPY OF THE LETTER DATED 3.2.2015 SUBMITTED BY ALL INDIA PORT AND DOCK WORKERS FEDERATION. EXHIBIT R6 A PHOTOCOPY OF THE LETTER DATED 19.3.2015 ISSUED BY THE 1ST RESPONDENT. EXHIBIT R6 A PHOTOCOPY OF THE MINUTES OF THE CONCILIATION PROCEEDINGS DATED 13.3.2015 CONVENED BY THE CHIEF LABOUR COMMISSIONER. EXHIBIT R6 A PHOTOCOPY OF THE REPORT OF THE 10 MEMBER COMMITTEE. EXHIBIT R6 A PHOTOCOPY OF THE CIRCULAR DATED 23.3.2015 ISSUED BY THE 4TH RESPONDENT. EXHIBIT R6 A PHOTOCOPY OF THE CIRCULAR DATED 18.4.2015 ISSUED BY THE 4TH RESPONDENT. EXHIBIT R7 TRUE COPY OF THE MINUTES OF THE CONCILIATION PROCEEDINGS BEFORE THE CHIEF LABOUR COMMISSIONER (CENTRAL) DATED 13TH MARCH, 2015. EXHIBIT R7 TRUE COPY OF THE TERMS OF REFERENCE OF THE 10 MEMBER COMMITTEE CONSTITUTED BY THE MINISTRY OF SHIPPING. EXHIBIT R7 TRUE COPY OF THE RECOMMENDATION OF THE 10 MEMBER COMMITTEE. EXHIBIT R7 TRUE COPY OF THE LETTER NO.CPEO/CHECK OFF/27 DATED 5.1.2017 OF THIS RESPONDENT.