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2017 Supreme(Mad) 1253
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.S. SUNDAR, J.
M/s. ATC Tires Private Limited - Petitioner
Vs.
The Government of Tamil Nadu - Respondents
W.P. (MD) No. 8922 of 2017
Decided On : 09-06-2017
For the Petitioner: Mr. C. Muthusaravanan
For the Respondents: Mr. N.S. Karthikeyan, Mr. B. Saravanan
The main legal point established is the application of the norms and procedure for assessing the representative character of Unions by the secret ballot system as per the guidelines of the Hon'ble Supreme Court.
Headnote:
Writ Petition - Mandamus - Industrial Disputes Act - Section 12(3) - Norms and procedure for assessing representative character of Unions by secret ballot system as per guidelines of Hon'ble Supreme Court in Food Corporation of India Staff Union Vs. Food Corporation of India and others (AIR 1995 SC 1344)
Fact of the Case:
The petitioner, a company, sought a Writ of Mandamus to direct the Labour Officer to hold elections by secret ballot among the workers to decide the majority union for negotiations of Charter of Demands/Industrial Disputes.
Finding of the Court:
The court allowed the Writ Petition, directing the Labour Officer to hold elections by secret ballot among the workers to decide the majority union, in line with the guidelines of the Hon'ble Supreme Court.
Issues: The main issue was the determination of the majority union for negotiations of Charter of Demands/Industrial Disputes.
Ratio Decidendi: The court relied on the guidelines provided by the Hon'ble Supreme Court in Food Corporation of India Staff Union case for assessing the representative character of Unions by the secret ballot system.
Final Decision: The Writ Petition was allowed, and the Labour Officer was directed to hold elections by secret ballot among the workers to decide the majority union, following the guidelines of the Hon'ble Supreme Court.
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 re
