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2023 Supreme(Online)(AP) 8240
HIGH COURT OF ANDHRA PRADESH MONDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 11733 OF 2023 Between:
1. ANDHRA PAPER LIMITED a Company within the meaning of the Companies Act, 2013, having its Registered Office and Factory at Sriramnagar, Raj amahendravaram, East Godavari District, represented by its Director Commercial Mr. Mukesh Jain ...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH Represented by the Special Chief Secretary Department of Labour AP Secretariat, Velagapudi Amaravati, Guntur District
2. The Commissioner of Labour Government of Andhra Pradesh Vijayawada, Krishna District
3. The Joint Commissioner of Labour Government of A.P. Eluru, West Godavari District
4. The Deputy Commissioner of Labour, Government of A.P.
D.No.65-8-14, GPT Road Kakinada, East Godavari District
5. A.P.P.M. National Workers' Union, G-2014, Rajamahendravaram
6. A.P.P.M. Staff and Workers' Union , Reg. No.D-26/70, B.T.R. Bhavan, Rajamahendravaram
7. A.P.P.M. Staff and Workers' Welfare Association, Regd.No.G-1150, Chukka Buildings, Sriramnagar, Rajahmundry 533 105
8. A.P.P.M. United Employees' Union Regd. No.G-1425, Sastri Road, Sreeram Nagar, Rajahmundry 533 105
9. Paper Mill Employees' Union Regn.No.G-46, Rajamahendravaram
10. Andhra Paper Mill Workers' Union, Regn.No.1590, Lenin Bhavan, Sriram Nagar, Rajamahendravaram 533 105
11. A.P.P.Mills Chaitanya Karmika Sangham, G-1966, Rajamahendravaram
12. A.P.P.M. Karmika Sangham , Regd.No.G-836, Rajamahendravaram
13. The Andhra Paper Limited Samaikya Karmika Sangham, Regd.No.E.G-
368/2020, Rajamahendravaram
14. The APPM Y.S.R.C.P. Trade Union , Reg.No.EG-67, Rajamahendravaram
15. A.P.P.M. Mazdoor Sangham Regd.No. G-1897, Rajamahendravaram ...RESPONDENTS Counsel for the Petitioner(s): G V S GANESH Counsel for the Respondents: GP FOR LABOUR The Court made the following: ORDER HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No. 11733 of 2023
ORDER:
This present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue Writ of Mandamus or a Writ in the nature of mandamus (a) declaring the action of the Respondent Nos. 1 to 4 in proceeding with the conduct of verification purportedly under the Code of Discipline to determine the majority Union in the Petitioners Establishment without deciding the status of compliance of the provisions of Section 9A of the Trade Unions Act 1926 by the Respondent Nos. 5 to 15 Unions as arbitrary, illegal, non-est in law in utter violation of the principles of natural justice and wholly vitiated and (b) consequently to direct the Respondent Nos. 1 to 4 herein to verify the membership status of the Respondent Nos. 5 to 15 unions in accordance with the Section 9A of the Trade Unions Act,1920 before proceeding with the conduct of verification purportedly under the Code of Discipline to determine the majority Union in the Petitioners Establishment.”
2. The petitioner is a public limited company governed by the provisions of the Companies Act, 2013 with registered office and Factory at Sriram Nagar, Rajamahendravaram, East Godavari District. It is engaged, inter-alia, in the business of manufacturing and selling of paper. The plant at Rajamahendravaram has 801 permanent employees on its rolls as on 31.03.2023 and there are 11 registered Trade Unions which are the respondent Nos.5 to 15 herein. As per Section 9-A of the Trade Unions Act, 1926, “a registered Trade Union of workmen shall at all times continue to have not less than ten percent or one hundred of the workmen, as its members in all times.” But since there are 801 permanent employees on the rolls of petitioner’s company, it is obvious and just without saying that all the 11 registered Trade Unions do not have 10% of the workmen as members as mandated under Section 9-A of the Trade Unions Act, 1926.
3. The grievance of the petitioner company is that the respondents 2 to 4 without compliance of the provisions under Section 9-A of the Trade Unions Act, 1926 are proceeding with conducting of verification of membership of all the registered Trade Unions prior for conducting of election to determine the majority unions of the petitioner’s establishment. As against the said action of the respondents, the petitioner company has filed the present writ petition.
4. Today when the matter was taken up for hearing / admission, the learned Government Pleader has produced a copy of the instructions of the 4th respondent herein stating that “it is very much pertinent to undertake the process of verification of membership of all the registered Trade Unions prior to conducting of election to determine the majority unions and to avoid the conflict in respect of Trade Unions. For better appreciation of the case, Section 9-A of the Trade Unions Act, 1926 is extracted below:-
“9-A. Minimum requirement about membership of a Trade Union:
“A registered Trade Union of workmen shall at all times continue to have not less than ten percent or one hundred of workmen, whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with which it is connected, as its members.”
5. As per Section 9-A of the Trade Union Act, 1926, it is clear that the respondents without compliance of Section 9-A, cannot proceed further for conducting election.
6. In view of the same, this writ petition is disposed of directing the respondents 2 to 4 to conduct the enquiry with regard to the membership of all the registered Trade Unions as per Section 9-A of the Trade Unions Act, 1926 and then proceed with the elections.
There shall be no order as to costs.
As a sequel, miscellaneous application, pending, if any, shall also stand closed.
____________________________ SMT. JUSTICE V.SUJATHA Date: 08.05.2023 Psr HONOURABLE SMT. JUSTICE V.SUJATHA (Disposed of)
WRIT PETITION No. 11733 of 2023 Date: 08.05.2023 Psr The 2nd respondent has filed counter st
