Under the Industrial Relations Code, 2020, for trade union recognition, all employees (including officers and seasonal workers) are eligible voters as per the proviso to Section 2(zr) for Chapter III.

ORDER

This Writ Petition is filed challenging the impugned notification of the second respondent dated 27.10.2025 and to quash the same and consequently to direct the second respondent herein to conduct the election with Permanent Workmen Class III and IV only as voters in the election for recognition of the trade unions in respect of the first respondent Corporation.

2. Heard Mr.G.Purusothaman, the Learned Counsel for the petitioner and perused the material records of the case.

3. The case of the petitioner is that the petitioner is a registered trade union functioning in the first respondent Corporation. While so, it is stated that now a notification is issued for the purpose of recognising the trade union for negotiating with reference to matters relating to the Workmen with the management. When the notification was issued, it includes Class I and Class II Officers also as voters. Class I and Class II Officers cannot vote because they are not Workmen. Secondly, it also includes seasonal workmen also. The seasonal workmen were always pleaded to be not on the regular rolls by the Corporation. Thirdly, it can be seen that several new persons also are recently appointed and their names and addresses itself are not known to the petitioner trade union, when one of the trade unions which is already recognised is now in an advantageous position to canvass for itself with the new members.

4. The Learned Counsel for the petitioner would further submit that not even adequate time is granted and it is not even as per the schedule that is mentioned by the Hon’ble Supreme Court of India in Food Corporation of India Staff Union vs. Food Corporation of India and Others , AIR 1995 SC 1344 Therefore, the notification has to be quashed by this Court.

5. Per contra, the Learned Senior Counsel appearing on behalf of the Corporation, by relying upon the definition of the “Worker” in the Industrial Relations Code, 2020, would submit that the worker, for the purpose of this chapter, would include everybody working in the establishment. Therefore, Class I and Class II Officers can also vote. Even with reference to the seasonal workers, already the issue has been settled by this Court in W.P.No.32561 of 2022 and even a Writ Appeal filed against therein also dismissed. Thirdly, adequate time has been given and elaborate arrangements have been made to properly conduct the election. The entire process is also videographed and only if elections are conducted, the representation will be properly known, even to make the recognition as per the newly introduced code. When the process has been commenced as per the existing law and there was nothing in derogatory to the new code and the new code now containing the express provision for recognition, the election should be continued and the order will be passed as per the new code.

6. The Learned Senior Counsel appearing on behalf of the 4th respondent Union would submit that the seasonal workers and the Class I and Class II Officers have been voting even in the previous elections. As a matter of fact, even before the present code came into force, under the Trade Unions Act, 1926, for the definition “trade dispute”, all the persons employed in the establishment are taken into account and it is not the persons who will be otherwise ‘Workmen’ under the Industrial Disputes Act, 1947, alone are taken into account. The membership of the trade union continues even after promotion or even after retirement. The new code also contains a saving provision under Section 104 and when the recognition of the trade union is deemed to be an implied duty under the erstwhile Industrial Disputes Act, 1947, then the action can be continued and the election has to proceed.

7. I have considered the rival submissions made on either side and perused the material records of the case.

8. As submitted by the Learned Counsel on either side, hitherto there was no express provision for recognition of trade unions for the purpose of negotiating. As