Advocates:
JYOTI MENDIRATTA

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ITEM NO.108 COURT NO.6 SECTION XV

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

CIVIL APPEAL NO. 6686/2015

MOIL JANSHAKTI MAZDOOR SANGH APPELLANT(S)

VERSUS

MOIL KAMGAR SANGATHAN & ORS RESPONDENT(S)

(WITH OFFICE REPORT)

WITH

SLP(C) NO. 22766/2016

(WITH INTERIM RELIEF AND OFFICE REPORT)

Date : 29/09/2016 These cases were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE RANJAN GOGOI

HON'BLE MR. JUSTICE PRAFULLA C. PANT

For parties (s)

Mr. Colin Gonsalves, Sr. Adv.

Mr. Fidel Subastian, Adv.

Ms. Jyoti Mendiratta, Adv.

Ms. Madhur Bharatiya, Adv.

Mr. Manoj Rajan Pillai, Adv.

Mr. Satyajit A. Desai, Adv.

Ms. Anagha S. Desai, Adv.

Mr. Akash Kakade, Adv.

Mr. Guru Krishnakumar, Sr. Adv.

Mr. Devashish Bharuka, Adv.

Mr. Vaibhav Niti, Adv.

Ms. Arpita Bishnoi, Adv.

Mr. Ravi Bharukha, Adv.

Ms. Kiran Suri, Sr. Adv.

Mr. N.K. Karhail, Adv.

Mr. Amrish Kr. Sharma, Adv.

Mr. R.R. Rajesh, Adv.

Mr. A.K. Sharma, Adv.

Mr. G.S. Makkar, Adv.

Mr. Shreekant N. Terdal, Adv.

Digitally signed by

VINOD LAKHINA

Date: 2016.10.01

10:08:04 IST

Reason:

Signature Not Verified

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Mr./Ms. Radhakanta Tripathy, Adv.

Ms. Chandan Ramamurthi, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted in Special Leave Petition (Civil)

No.22766 of 2016.

The appeals are disposed of in terms of the signed

order.

[VINOD LAKHINA]

COURT MASTER

[ASHA SONI]

COURT MASTER

[SIGNED ORDER IS PLACED ON THE FILE]

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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6686/2015

MOIL JANSHAKTI MAZDOOR

SANGH

...APPELLANT

VERSUS

MOIL KAMGAR SANGATHAN

& ORS.

...RESPONDENT

WITH

CIVIL APPEAL NO.9894 OF 2016

[Arising out of Special Leave Petition

(Civil) No.22766/2016]

[MAHARASHTRA ELECTROSMEIT KAMGAR UNION VS.

DEPUTY DIRECTOR (IR) MINISTRY OF LABOUR AND

EMPLOYMENT & ORS.]

ORDER

1.

Leave

granted in Special Leave

Petition (civil) No.22766 of 2016.

2.

The issue arising in the present

appeals lie within a very short compass. It

will therefore be hardly necessary to go

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into a detailed recitals of facts and

circumstances leading to the institution of

the writ petitions before the High Court.

Suffice it will be to notice the core

question arising, namely, whether in the

State of Maharashtra verification of

membership of trade unions is required to

be done by the procedure of secret ballot.

3.

In the order impugned in Civil

Appeal No.6686 of 2015, the High Court,

relying on a Full Bench decision in the

case of Air India Employees Guild and

another versus Air India Ltd. and others

[2007 (1) Bom. CR 529], has held that the

Government of India letter dated 1^st June,

2010 containing the decision to conduct

verification of membership of trade unions

by secret ballot would not apply in view of

the fact that the same would be derogatory

to the code of discipline. In this regard,

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what must be noticed is that in the State

of Maharashtra there is specific statute,

i.e. Maharashtra Recognition of Trade

Unions and Prevention of Unfair Labour

Practices Act, 1971 which, inter alia,

governs the procedure for verification of

membership of unions. This being an

admitted fact, it is the procedure

prescribed under the said statute which

must govern the field. The order of the

High Court, therefore, to the extent that

the same applies to the State of

Maharashtra would not call for any

interference. We however clarify that the

issue with regard to other States is left

open for decision. Civil Appeal No.6686 of

2015 is disposed of accordingly with the

aforesaid modification.

4.

Insofar as Civil Appeal arising out

of Special Leave Petition (Civil) No.22766

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of 2016 is concerned, the decision therein

adverse to the appellan