The court validated the check-off system for trade union representation over a secret ballot, emphasizing employee acceptance of the process.

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, including the 1st petitioner, were closed as infructuous. It is the further submission of the learned CGC that the petitioners represent only a minuscule number of employees and the attempt is to thwart the process at the last stage. It is pointed out that the process based on Ext.P6 has commenced and almost 80% of the employees have submitted the forms to their respective unions. The unions in turn have submitted the forms to the Cochin Port Trust. The filled-up forms can be submitted up to 15.12.2025, and the forms will thereafter be opened to decide which unions have the highest and the second highest representation.

4. The learned counsel for the 6^th respondent also submitted that the majority of the employees have submitted the filled-up forms and the unions have produced those forms before the Cochin Port Trust.

5. The above being the factual scenario as of date, there cannot be any interference with the ongoing process. A perusal of Ext.P5, the minutes of the meeting of the Board of Major Port Authority for Cochin Port dated 12.09.2025 reveals that all aspects, including the judgment rendered by this Court in the writ petitions filed by the trade unions, were taken into consideration. Being so, despite the strenuous efforts of the learned counsel for the petitioners, the ongoing process cannot be interdicted by holding that secret ballot being the more democratic option/form, should be adopted in place of the check- off system. The above conclusion is fortified by the fact that 80% of the employees have submitted the filled-up forms, indicating that the majority had accepted the procedure being followed.

For the aforementioned reasons, the writ petition is dismissed.

SD/-