The court established that the right to form Trade Unions, as per Article 19(1)(c), necessitates effective representation through a recognized body elected via Secret Ballot to ensure collective bargaining.

JUDGMENT :

M.S. RAMESH, J.

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 Distt 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 representatives from the Trade Unions, who shall address the grievances of the workers, in the place of the Staff Council System. When a similar request was made by DMK ICF Labour Union before this Court in WP.No.19705 of 2011, seeking for recognition of Trade Unions for representing the employees of ICF through conduct of secret ballot, a learned Single Judge had rejected the plea through an order dated 24.08.2011, by holding that there is no law for providing recognition of Trade Union in the State of Tamil Nadu. This order of the learned Single Judge is assailed in WA.No.1729 of 2011.

4. In this background, when Railways had issued instructions on 26.06.2002, to consider the applications by the affiliates of the Bharat Rail Mazdoor Sangh (BRMS) and others for grant of recognition, the same was challenged by another Trade Union before this Court in WP.No.25274 of 2002 and by an order dated 17.10.2003, a learned Single Judge of this Court had set aside the instructions dated 26.06.2002, by placing reliance on the judgment of the Hon'ble Supreme Court in Food Corporation of Ind