COCHIN REFINERIES EMPLOYEES ASSOCIATION Vs. KOCHI REFINERIES LIMITED

JUDGEMENT

(1.) Petition praying that in the circumstances stated in the affidavit filed along with the O.P. the High Court be pleased to issue an order staying the operation of Ext.P3 to the extend of the invitation extended to the 4th respondent for the discussion, pending disposal of the Original Petition. This petition coming on for orders upon perusing the petition and the affidavit filed in support of O.P. and upon hearing the arguments of Mr.George Poonthottam, Advocate for the petitioner and of Standing Counsel for R1 to R3, the Court passed the following: ORDER Heard all parties.

(2.) The petitioner union, which is the recognized union of the Cochin Refineries Ltd., is aggrieved that under Ext.P3 notice the 4th respondent, which is an unrecognized union, has also been invited to participate in the discussion/conciliation meeting to be held at 3.30 p.m. today.

(3.) The learned counsel for the petitioner placed reliance on the decision in Chairman, State Bank of India & anr. v. All Orissa State Bank Officers Association & ors. (AIR 2002 SC 2279). On a perusal of the decision it is seen that the said case arose on entirely different facts. That apart, even in that decision it is very explicity stated that the Management cannot out rightly refuse to have any discussion with a non-recognised union in matters relating to service conditions of individual members and other matters incidental thereto. After referring to Article 19(1)(c) it was further observed that the Management by its conduct, should not give an impression that it favours a certain section of its employees and that whether negotiation relating to a particular issued is necessary to be made with representatives of the recognized union alone, or relating to certain matters concerning individual workmen, it will be fruitful to have discussion/negotiation with a non-recognised union, of which those individual workmen/employees are members, is for the management or its representative at the spot to decide. It was further laid down that the Management should act in a manner which helps in uniting its workmen/employees and not give an impression of a divisive force out to create difference and distrust amongst workmen and employees.