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2010 Supreme(Mad) 4569

ELIPE DHARMA RAO, K.K.SASIDHARAN
Bharath Sanchar Nigam Ltd. – Appellant
Versus
National Federation of Telecom Employees BSNL, rep. by Chennai Circle Secretary – Respondent


Advocates Appeared:
For the Appellant:M. Govindaraj, N.G.R. Prasad, for R. Rajaram, Advocates.
For the Respondents:M. Sundar, For Jeeva Giridharan, Advocate.

Judgment :-

K.K. Sasidharan, J.

These two writ appeals are directed against the order dated 09.10.2009 in W.P.No.8471/2009 whereby and whereunder the communication issued by the Bharath Sancham Nigam Limited (BSNL, for short), rejecting the request of the first respondent to recognize them as the Union to deal with matters of local interest as a representative union of BSNL, was set aside.

W.A.No.1723/2009

Background facts:-

2. Appellant is a Government of India enterprise and it came into existence on 01.10.2000. There are several member unions representing the interest of the employees of BSNL. Management of BSNL convened a meeting of all the trade unions on 27.02.2001 and representatives from Ministry of Labour were also present in the said meeting and a decision was taken that a verification for electing Majority representative Union would be held through Secret Ballot and that Trade Union which observe Code of Discipline would only be entitled for participation in the verification process. According to the Code of Discipline, a union which gets majority votes subject to a minimum of 15% of votes would be eligible for recognition at the All India level. Similarly, a union which





































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