COMBATORE PERIYAR DISTRICTS DRAVIDA PANJALAI THOZHILALAR MUNNETRA SANGAM Vs. NATIONAL TEXTILE CORPORATION

JUDGEMENT

(1.) The prayer in the writ petition is to quash the order of the first Respondent dated 29.1.2011 and direct the Respondents 1 to 5 to continue to deduct subscription from its employees including the Petitioners 3 to 6 who are members of the 1st and 2nd Petitioners and remit the same to the 1st and 2nd Petitioners irrespective of whether they have been recognised or not.

(2.) The brief facts necessary for disposal of the writ petition are as follows:

(3.) The Respondents have filed counter affidavit contending that on 19.12.2010 election was conducted for choosing the Trade Unions for negotiation purpose with the management and for recognition of Trade Unions. Only four Unions secured 10% of the total votes polled and the said four Unions alone were recognised. Petitioners 1 and 2 Unions have not secured 10% of the votes polled in the said election and therefore recognition was not granted to the Petitioners 1 and 2and contribution cannot be deducted for the said Unions merely because they are registered Unions under the Trade Unions Act, 1926. It is also stated in the counter affidavit that the Respondents are in no way responsible to deduct subscription from the members of the Petitioners 1 and 2 Unions. The Corporation cannot be forced to deduct subscription from the members of the unrecognised Unions as per the earlier practice.