JUDGMENT

The challenge in this writ petition is against the check-

off adopted by the respondents vide Ext.P6, for identification of the registered Trade Unions having the highest and second highest representation among the current employees of the Cochin Port Authority, for effectuating appointment of labour trustees in the Board of the Cochin Port as stipulated in Rule 6(4)(b) of the Major Port Authorities (Chairperson, Deputy Chairperson and Board Members) Rules, 2022.

2. Learned counsel for the petitioners contends that the check-off system adopted by the Cochin Port, where the employees personally hand over the duly filled forms to the registered union of their choice, will lead to disclosure of identity and curtails their right to exercise the option freely. It is contended that the ideal procedure is secret ballot, so that the identity of the employee is not compromised and he can exercise the option freely. Reference is made to Ext.P8 Draft Rules to point out that secret ballot is the procedure prescribed in the Rules.

3. The learned Central Government Counsel submits that Ext.P6 is issued after prolonged litigation, after the writ petitions filed by various trade unions, incl