The court affirmed the necessity of a secret ballot system for Trade Union recognition, emphasizing the fundamental right to form associations under Article 19(1)(c) and the importance of effective representation in collective bargaining.

JUDGMENT :

M.S. RAMESH, J.

Prayer in W.A. No. 1729/2011: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the dismissal order dated 24.08.2011 passed by the learned Single Judge of this Court in W.P. No. 19705 of 2011.

Prayer in W.P. No. 17480/2014: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to adopt the Secret Ballot System for Integral Coach Factory Employees to elect the unions for recognition of the respondents to represent the grievances of the Workers of Integral Coach Factory on expiry of the tenure of the Staff Council System in September 2014 as done in the case of Rail Coach Factory, Kapurthala on the basis of the judgment of the Hon’ble Division Bench, Delhi High Court in LPA No. 550/10, dated 30.01.12 confirmed by the Hon’ble Apex Court in Special Leave Petition

Prayer in W.P. No. 19188/2014: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to hold secret ballot election for the purpose of granting recognition as a spokesman of the employees and workmen working in the 3rd respondent within a time frame.

Prayer in W.P. No. 13095/2016: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the 2nd respondent in connection with the order passed by her in her proceedings in No. 2014/E(LR)III/LR/CRT/4 dated 11.3.16 and quash the same and direct the respondents to select the Trade Union for the bilateral talks on behalf of the employees by way of secret ballot election.

1. To attain self-sufficiency for the components meant for Indian Railways from within the internal resources of the country, 8 Railway Production Units (RPUs) have been set up at different parts of the country, which are functioning as independent units under the control of the Railway Board. These RPUs are as follows:

(a) Chittaranjan Locomotive Works at Chittaranjan for manufacture of various types of electric locomotives.

(b) Diesel Locomotive Works at Varanasi for manufacture of various types of Diesel Locomotives, Diesel engines, standby Generating sets and their spares.

(c) Integral Coach Factory at Perambur for manufacturing of coaching stocks of various types and their spares.

(d) Rail Wheel Factory at Yelahanka for manufacture of various types of wheels, axles and wheel sets.

(e) Rail Coach Factory at Kapurthala for manufacture of coaching stocks of various types and their spares.

(f) Diesel Modernization Works, Patiala for midterm rehabilitation and modernization of Diesel Locomotives and manufacture of critical spares.

(g) Rail Wheel Plant, Bela District Saran (Bihar) for manufacture of Wheel.

(h) Modern Coach Factory, Lalgang, Raebareli (UP) for manufacture of coaching stocks of various types and their spares.

2. The grievances of the Trade Unions in this Writ Appeal and Writ Petitions are that the Staff Council alone is the body constituted to put forth the grievances of the Trade Unions in RPUs, whereas, the Trade Unions in most of the Zonal Railways are permitted to represent the workmen for redressal of their grievances.

3. While 12 members of the Staff Councils are elected by conducting secret ballots without any Trade Union Banner, 12 members are nominated from the administrative side. Since the Staff Councils are composed of equal members of the Staff Management as that of the workers, the efficiency in addressing the grievance of the workmen is seriously affected, owing to difference of opinion between the equally divided groups. This apart, the Council is headed by the gazetted officer nominated by the General Manager creating further dominance of the Management. It is in this background, these Trade Unions seek for direction from this Court to the Integral Coach Factory (ICF), Perambur, to adopt a Secret Ballot System for election of representa