Important points:
Whenever the process of election starts, normally Courts should not interfere with the process of election for the simple reason that if the process of election is interfered with by the Courts, possibly no election would be completed without Court's order. Very often, for frivolous reasons candidates or others approach the Courts and by virtue of interim orders passed by Courts, the election is delayed or cancelled and in such a case the basic purpose of having an election and getting an elected body to run the administration is frustrated.

JUDGMENT :

S. Manikumar, J.

This intra court appeal is preferred challenging the interim order dated 03.12.2020 in W.P.(C) No.26691 of 2020, by which, a learned Single Judge of this Court declined to grant the interim relief sought for by the appellants.

2. Facts leading to the filing of the instant appeal are that the 1st appellant is a registered trade union representing a substantial number of workmen of Kerala State Road Transport Corporation, respondent No.1. Considering the nature of work in the 1st respondent Corporation, a large number of workmen had been engaged for a quite long period of time, thereby their chance to get reverted to the employment exchange has been denied and resultantly, the workmen have no other job opportunities to maintain their livelihood. They were continuing in the 1st respondent as empanelled workers.

3. Appellants have further stated that in the meanwhile, a few persons included in the PSC rank list approached this Court to terminate the services of the aforesaid empanelled workers. This Court, as well as the Hon'ble Apex Court, passed a judgment against them reserving the right of the workmen to approach the statutory forums in this regard. Thereafter, the Government of Kerala referred the issue as an industrial dispute (I.D. No.3/2020) under Section 10 of the Industrial Disputes Act, 1947, before the Industrial Tribunal, Thiruvananthapuram, and the same is pending consideration.

4. Appellants have further submitted that even though the empanelled workmen were retrenched considering the peculiar nature and exigencies of service in the 1st respondent Corporation, they are still being engaged by the Corporation till June, 2020 and were paid wages and for the months of July and August, 2020, as well as ex gratia. Thus, the empanelled workmen have been paid wages for the past 240 days.

5. Referring to the definition of “workman” under the Industrial Disputes Act, 1947 and the Recognition of Trade Unions Act, 2010, appellants have further stated that the empanelled workmen are entitled to be included in the voters list, as per Section 8 of the Recognition of Trade Unions Act. However, the respondents, in order to promote other major trade unions in the 1st respondent Corporation, have arbitrarily denied the right of the empanelled workmen to be included in the voters' list. The Regional Joint Labour Commissioner, Ernakulam, respondent No.3, dismissed the objection raised by the appellants, and proceeded to issue the final voters' list.

6. Being aggrieved, the appellants have filed the Writ Petition (C) No.26691 of 2020 seeking for the following reliefs:

a) To call for the records leading to Exhibit-P8 order dated 30.11.2020 of the Regional Joint Labour Commissioner, Ernakulam, respondent No.3, dismissing the objections raised by the appellants, Exhibit-P9 details of the final list of polling stations dated 30.11.2020, and Exhibit-P10 relevant pages of the final voter's list – 2020 of polling station No.1 and 100 issued by the 3rd respondent.

(b) To set aside Exhibit-P8 order of the 3rd respondent.

(c) To issue a writ of mandamus or any other appropriate Writ, order or direction, directing the 3rd respondent to include the members of the 1st appellant trade union in Exhibit-P10 voter's list and thereby, permit them to cast their vote in the elections to be held on 30.12.2020 or any other date.

(d) To declare that the period of non-availability of the work of the empanelled workmen due to the Covid pandemic situation is to be included in calculating the stipulated period as contemplated under Section 8 of the Kerala Recognition of Trade Unions Act, 2010.

7. Pending disposal of the writ petition, the petitioners have sought for staying the operation of Exhibit-P8 order dated 30.11.2020 passed by the 3rd respondent and Exhibit-P10 relevant pages of the final voter's list-2020.

8. After considering the submissions advanced and relying on a decision of the Hon'ble Supreme Court in Shri Sant Sadguru Janardan Swami