Representative Character Of Trade Union Has To Be Determined By A Referendum Through Secret Ballot: Kerala HC
|The Kerala High Court held that the representative character of a Trade Union has to be determined by a referendum through a secret ballot.
The Court highlighted that when an establishment has multiple registered Trade Unions, it is crucial to determine which union the employer should negotiate with. The Court said that if negotiations are conducted with a union representing a minority of the employees, any settlement reached may not be accepted by the majority.
The Petitioner a registered Trade Union of workmen in the services of the 1st respondent-Fertilisers and Chemicals Travancore Limited has filed a Writ Petition challenging the proceedings that rejected the request of the petitioner to conduct a Referendum in Cochin Division (CD) of the 1st respondent-Company.
The bench of Justice N. Nagaresh observed, “I am of the view that the representative character of the Trade Union functioning in the Cochin Division of the 1st respondent-Company has to be determined by a Referendum through secret ballot.”
Advocate R. Sanjith appeared for the Appellant and Advocate M. Gopikrishnan Nambiar appeared for the Respondent.
It is the case of the Petitioner that he requested the respondent-Chairman and Managing Director to take immediate steps to conduct the Trade Union Referendum in the Cochin Division. As the respondents did not yield to the request, the petitioner approached the High Court with a Writ Petition which directed the respondent to consider representation. The 3rd respondent, however, rejected the representation.
The Court observed, “Collective bargaining is the mode of work of Trade Unions. It is to be ensured that the Trade Unions which takes up the issues concerning the service conditions of workmen truly represent the workmen employed in the establishment. When in an establishment there are more than one registered Trade Union, the question as to with whom the employer should negotiate or enter into bargaining assumes importance, because if the Trade Union which negotiates has as its members minority of the workmen / employees, the settlement, even if any arrived between the employer and such a Union, may not be acceptable to the majority and may not result industrial peace.”
The Court mentioned the Supreme Court decision in Food Corporation of India Staff Union v. Food Corporation of India and others [1995 Suppl 1 SCC 678] where according to the Court it was observed, “the check off system which once prevailed in this domain has lost its appeal. The method of secret ballot is now being gradually accepted.”
Accordingly, the Court directed respondents 1 to 4 to take the necessary steps to hold a Referendum by secret ballot in the Cochin Division.
Finally, the Court disposed of the Writ Petition.
Cause Title: FACT UNITED EMPLOYEES LIBERATION v. THE FERTILISERS AND CHEMICALS TRAVANCORE LIMITED (Neutral Citation: 2024:KER:63651)
Appearance:
Appellant: Adv. R.SANJITH and Adv. C.S.SINDHU KRISHNAH
Respondent: Adv. M.GOPIKRISHNAN NAMBIAR, Adv. K.MALINI, Adv. K.JOHN MATHAI, Adv. JOSON MANAVALAN, Adv. KURYAN THOMAS, Adv. PAULOSE C. ABRAHAM and Adv. RAJA KANNAN