Secret Ballot System For Recognition Of Trade Union Would Be Apt For Workers Of ICF: Madras High Court

The Court was hearing Writ Appeal and Writ Petitions seeking Court directives for the ICF, to replace the Staff Council System with a Secret Ballot System to elect Trade Union representatives.

The bench of Justice MS Ramesh and Justice C Kumarappan observed, “Secret Ballot System for determining the recognition of a Trade Union in RPU would be more suitable…such a system, introduced in the Rail Coach Factory at Kapurthala…is functioning smoothly. In this background, we are of the affirmed view that the same system of secret ballot for recognition of Trade Union would be more apt and conducive for redressal of the grievances of the workmen of ICF.”

Senior Advocates S.Rajendiran and R.Singaravelan appeared for the Appellant and Standing Counsel PT Ram Kumar appeared for the Respondent.

Brief Facts-

To achieve self-sufficiency in Indian Railways' components, eight independent Railway Production Units (RPUs) were established nationwide under the Railway Board. In the present Writ Appeal and Writ Petitions, Trade Unions argued that, unlike in most Zonal Railways where they directly represent workers’ grievances, RPUs only allow the Staff Council to address such issues. The Staff Council includes an equal number of elected staff and nominated management representatives, with a management-nominated gazetted officer as head, which Trade Unions claim weakens worker representation.

The Court mentioned the Supreme Court decision in B.R. Singh Vs. Union of India (1989) where according to the Court it was observed, “The right to form associations and unions and provide for their registration was recognized, obviously for conferring certain rights on Trade Unions. The necessity to form unions is for voicing the demands and grievance of the labour. Trade Unionists act as mouthpieces of labour. The strength of a Trade Union depends on its membership. Therefore, the Trade Unions with sufficient membership strength are able to bargain more effectively with the Managements”

The Court further mentioned the decision in the Food Corporation of India Staff Union Vs. Food Corporation of India & others and quoted, “But when in an establishment, be it an industry or an undertaking, there are more than one registered trade unions, the question as to with whom the employer should negotiate or enter into bargaining assumes importance, because if the trade union claiming this right be one which has as its members minority of the workmen/employees, the settlement, even if any arrived between the employers and such a union, may not be acceptable to the majority and may not result in industrial peace. In such a situation with whom the employer should bargain, or to put it differently who should be the sole bargaining agent, has been a matter of discussion and some dispute. The “check off system” which once prevailed in this domain has lost its appeal; and so, efforts are on to find out which other system can foot the bill. The method of secret ballot is being gradually accepted.”

Accordingly, the Court allowed the Writ Appeal and Writ Petition.

Cause Title: DMK ICF Labour Union v. ICF Mazdoor Sangh (Neutral Citation: 2024:MHC:3605)

Appearance:

Appellant: Senior Advocates R. Singaravelan, K.M.Ramesh, Advocates S.Rajendiran, M.Srividhya and S.Apunu

Respondent: SC PT Ram Kumar 

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