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2013 Supreme(Online)(KER) 8804

HIGH COURT OF KERALA
A.M.SHAFFIQUE, J
KERALA STATE CONSTRUCTION WORKERS CONGRESS (INDIAN NATIONAL TRADE UNION CONGRESS-INTUC – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

The petitioner is a Trade Union represented by the General Secretary, one Sri. G. Jayaprakash. They challenge Ext.P8 order issued by the Government inter alia contending that the Government has no power to rescind the decision taken by the Labour Commissioner exercising the power of the Registrar of Trade Union under the Trade Unions Act.

2. The facts involved in the above writ petition would disclose that there are apparently two factions among the members of the petitioner Trade Union of which one is headed by Adv. Sri. G. Subodhan as the present President which again is disputed, and the other headed by Sri. K. Muraleedharan.

3. The issue had developed on account of resignation of the 4th respondent by submitting a letter of resignation dated 11.02.2012. The 4th respondent was continuing as Secretary of the Union since 06.11.2003 and was elected as General Secretary during the year 2011-2012. According to the petitioner, the resignation letter was to take effect from 13.02.2012 and having accepted the resignation of the 4th respondent the aforesaid Sri. G. Jayaprakash was co-opted as General Secretary and in the vacant post of Treasurer a person by named Sri. Mohandas Unn

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