The court directed the determination of union recognition status through secret ballot elections while maintaining the status quo of existing recognition until such elections are concluded.

P.C.:-

1. We have considered the present Petition. Upon hearing the Petitioner No.1 for some time we have noted the fact that there are two other Unions viz. the RCF Karmachari Sangh and the RCF Employee’s Union coupled with the prayer sought for in the Petition with regard to the challenge to holding of election by secret ballot for determining recognition status of Petitioner No.1 – Union.

2. The learned counsel appearing for the Petitioner No.1 is aggreable for the recognition status of the Petitioner No.1 to be determined by the Respondent No.2 – Deputy Chief Labour Commissioner (Central), Mumbai, after conducting election by secret ballot. Until then, status-quo shall be maintained with regard to recognition of the Petitioner No.1- Union as confirmed by the Management of Rashtriya Chemicals & Fertilizers Ltd. In this regard, the learned counsel for the Petitioner No.1 has placed reliance upon Circular No.1306 issued by the Rashtriya Chemicals & Fertilizers Ltd. (RCF). It is noted therein that during the said recognition period of 3 years from 29 August 2022 to 28 August 2025 under Check-Off System, if new Code/Rules on the Industrial Relations Code, 2020 come into force, then the action for the recognition of union will be taken in accordance with the same. Until such recognition under new Code/Rules on the Industrial Relations Code, 2020 is not decided, the recognition of RCF Karmachari Sena i.e. the Petitioner No.1 - Union will continue to operate. The said Circular No.1306 issued by the Executive Director of RCF is tendered and taken on record and marked ‘X’ for identification.

3. We have considered the Circular No.1306 issued by the Respondent No.3 and we are of the view that until election by way of secret ballot for determination of recognition status of Petitioner No.1 – Union is held by Respondent No.2, there shall be status-quo with regard to recognition of the Petitioner No.1 – Union.

4. Accordingly, the Respondent No.2 is directed to hold the election by secret ballot for determining recognition status of Petitioner No.1 - Union. As observed above, until then, there shall be status-quo with regard to recognition already confirmed by Petitioner No.1 – RCF. The Petitioner No.1 - Union and all other Respondents shall co-operate with the holding of elections by secret ballot by Respondent No.2.

5. The Respondent No.2 shall conduct the elections expeditiously.

6. In view of the consent of the Petitioner No.1 for holding of elections by secret ballot by Respondent No.2 for determining the recognition status of Petitioner No.1, the prayer in the Petition is no longer pressed. Writ Petition is accordingly disposed of.