This Writ Petition has been filed for issuing a Writ of Mandamus, directing the 4th respondent/Labour Officer, Tirunelveli to hold elections by secret ballot from among the workers who are on Rolls of the petitioner to decide which union commands the majority to enable the petitioner to recognize that union as recognized union which secures majority votes for negotiations of Charter of Demands / Industrial Disputes.
2.Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent Nos. 1 to 4 and the learned Counsel appearing for the fifth respondent.
3.The learned Counsel for the petitioner submits that the petitioner is the Senior Executive Vice President (Operations) of the petitioner's Company. The petitioner Company has provided employment to more than 565 employees apart from other employees on temporary basis. The Company has entered into a Long Term Settlement dated 30.04.2014, with the fifth respondent Union under
Section 12(3) of the Industrial Disputes Act. The period of settlement was over on 31.03.2017.
4. Since the petitioner Company wants to have a binding settlement with the employees and to maintain a progressive and harmonious relationship with the employees and to negotiate with the single Union, the petitioner has made a representation before the 3rd respondent / Deputy Commissioner of Labour, to hold election through secret ballot from among the workers who are on the rolls of the petitioner.
5. The learned Counsel for the petitioner relied upon the judgment of Hon'ble Supreme Court in the case of Food Corporation of India Staff Union /Vs/ Food Corporation of India and others reported in AIR 1995 SC 1344, wherein the Hon'ble Supreme Court has given guidelines as to the norms and procedure to be followed for assessing the representative character of Unions by the secret ballot system. The paragraph No.4 of the judgment is extracted for proper understanding.
?We have perused the aforesaid documents. We direct that the following norms and procedure shall be following for assessing the representative character of trade unions by the "secret ballot system":
(i) As agreed to by the parties the relative strength of all the eligible unions by way of secret ballot be determined under the overall supervision of the Chief Labour Commissioner (Central) (CLC).
(ii) The CLC will notify the Returning Officer who shall conduct the election with the assistance of the FCI. The Returning Officer shall be an officer of the Government of India, Ministry of Labour.
(iii) The CLC shall fix the month of election while the actual date/dates of election shall be fixed by the Returning Officer.
(iv) The Returning Officer shall require the FCI to furnish sufficient number of copies of the lists of all the employees/works (category III and IV) governed by the FCI (Staff) Regulations, 1971 borne on the rolls of the FCI as on the date indicated by the CLC. The list shall be prepared in the proforma prescribed by the CLC. The said list shall constitute the voters list.
(v) The FCI shall display the voters list on the notice boards and other conspicuous places and shall also supply copies thereof the each of the union for raising objections, if any. The unions will file the objections to the Returning officer, within the stipulated period and the decision of the Returning Officer shall be final.
(vi) The FCI shall make necessary arrangement to :
(a) give wide publicity to the date/dates of election by informing . the unions and by affixing notices on the notice board and also at other conspicuous places for the information of all the workers;
(b) print requisite number of ballot papers in the proforma prescribed by the CLC incorporating therein the names of all the participating unions in an alphabetical order after ascertaining different symbols of respective unions ;
(c) the ballot papers would be prepared in the proforma prescribed by the CLC in Hindi/English and the concerned regional language;
(d) set up requisite number of polling stations and booths near the premises where the workers normally work; and
(e) provide ballot boxes with requisite stationery, boards, sealing wax etc.
(vii) The Returning officer shall nominate Presiding Officer for each of the polling station/booth with requisite number of polling assistants to conduct the election in an impartial manner. The Presiding Officers and the polling assistants may be selected by the Returning Officer from amongst the officers of the FCI.
(viii) The election schedule indicating the dates for filing of nominations, scrutiny of nominations papers, withdrawal of nominations, polling, counting of votes and the declaration of results, shall be prepared and notified by the Returning Officer in consultation with the FCI. The election schedule shall be notified by the Returning Officer well in advance and at least one month's time shall be allowed to the contesting unions for canvassing before the date of tiling the nominations.
(ix) To be eligible for participating in the election, the unions must have valid registration under the Trade Unions Act, 1926 for one year with an existing valid registration on the first day of filing of nomination.
(x) The Presiding Officer shall allow only one representative to be present at each polling station/booth as observer.
(xi) At the time of polling, the polling assistant will first score out the name of the employee/workman who comes for voting, from the master copy of the voters' list and advise him thereafter to procure the secret ballot paper from the Presiding Officer.
(xii) The Presiding Officer will hand over the ballot paper to the workman/employee concerned after affixing his signatures thereon. The signatures of the workman/employee casting the vote shall also be obtained on the counterfoil of the ballot paper. He will ensure that the ballot paper is put inside the box in his presence after the voter is allowed to mark on the symbol of the candidate with the inked rubber stamp in camera. No employee/workman shall be allowed to cast his vote unless he produces his valid identity card before the Presiding Officer concerned In the event of non production of identity card due to any reason, the voter may bring in an authorisation letter from his controlling officer certifying that the voter is the bona fide employee of the FCI.
(xiii) After the dose of the polling, the Presiding Officer shall furnish detailed ballot paper account in the proforma prescribed by the CLC indicating total ballot papers received, ballot papers used, unused ballot papers available etc. to the Returning Officer.
(xiv) After the close of the polling, the ballot boxes will be opened and counted by the Returning Officer or his representative in the presence of the representative of each of the unions. All votes which are marked more than once, spoiled, cancelled or damaged etc. will not be taken into account as valid votes but a separate account will be kept thereof.
(xv) The contesting unions through their representatives present at the counting place may be allowed to file applications for re- counting of votes to the Returning Officer. The request would be considered by the Returning Officer and in a give case if he is satisfied that there is reason to do so he may permit recounting. However, no application for recounting shall be entertained after the results of the votes are declared.
(xvi) The result of voting shall the compiled on the basis of valid votes polled in favour of each union in the proforma prescribed by the CLC and signatures obtained thereon from the representatives of all the unions concerned as a proof of counting having been done in their presence.
(xvii) After declaring the results on the basis of the votes polled in favour of each union by the Returning Officer, he will send a report of his findings to the CLC.
(xviii) The union/unions obtaining the highest number of votes in the process of election shall be given recognition by the FCI for a period of five years from the date of the conferment of the recognition.
(xix) It would be open to the contesting unions to object to the result of the election or any illegality or material irregularity which might have been committed during the election. Before the Returning Officer such objection can only be raised after the election is over. The objection shall be heard by the CLC and dispose of within 30 days of the filing of the same. The decision of the CLC shall be final subject to challenge before a competent court, if permitted under law.?
6. Notice has also been issued to all the respondents.
7. The learned Additional Government Pleader appearing for the respondents 1 to 4 have no objection for granting the prayer as claimed in the Writ Petition. Similarly, the fifth respondent Union, represented by the learned Counsel Mr.B.Saravanan, submitted that he is sailing with the petitioner. The respondents 6 and 7 did not appear despite notice.
8. The learned Counsel for the petitioner also pointed out that the third respondent has indicated that he will be in a position to hold election on his own only if a direction is obtained either from Commissioner of Labour or by an Order of Court.
9. In such circumstances, this Court is inclined to allow the Writ Petition. The fourth respondent is directed to hold election by secret ballot method from among the workers who are on the rolls of the petitioner to decide as to which union commands among the respondents 5 to 7, the majority to enable the petitioner management to recognize that union as a recognized union securing majority votes for negotiations of Charter of Demands / Industrial Disputes, by following the direction of the Hon'ble Supreme Court, as extracted in this judgment. The above said exercise shall be completed within a period of three months from the date of receipt of a copy of this order. No costs.
To
1.The Government of Tamil Nadu, Represented by its Secretary, Labour and Employment Department, Fort St.George, Chennai ? 600 009.
2.The Joint Commissioner of Labour, T.N.H.B. I Floor, Ellishnagar, Madurai ? 625 016.
3.The Deputy Commissioner of Labour, No.106,Tiruvananthapuram Salai, Palayamkottai, Tirunelveli - 627 002.
4.The Labour Officer, No.106,Tiruvananthapuram Salai, Palayamkottai, Tirunelveli - 627 002.
5.Gangaikondan ATC Tyre Company Workers Union (Affiliated to CITU), 25-A, Rajendra Nagar First Street, Palayamkottai, Tirunelveli ? 627 002.
6. Tirunelveli District Gangaikondan ATC Workers Welfare Union, No.1K/1, Thendral Nagar, Sankar Nagar, Tirunelveli ? 627 002.
7. ATC Tyre Company Anna Tholizhalar Sangam, (Affiliated to Anna Thozhir Sanga Peravai), No.7, Railway Feeder Road, Sankar Nagar, Tirunelveli ? 627 357..