SOUTHERN RAILWAY MAZDOOR UNION Vs. RAILWAY BOARD

JUDGEMENT

(1.) The petitioner, namely, Southern Railway Mazdoor Union prays for the issue of a writ of certiorarified mandamus to call for the proceedings of the first respondent in No.E(LR)III/2000/LR 1-30 dated 26.6.2002, quash the same and consequently direct the respondents to consider and grant recognition to union only after the membership strength of the said Unions are decided on the basis of physical verification.

(2.) According to the writ petitioner, (hereinafter referred to as SRMU for brevity), it is not only a registered trade union, but also a recognised union and has been striving hard to achieve better and fair conditions of service and life to its members who are employed in the Southern Railway. SRMU is one of the premier trade unions and has majority of the workmen of the Southern Railway as its members from its inception. The petitioner further claims that it commands majority even as of today. In all out of 1,32,000 employees in the category of workmen are employed by the Southern Railway. The petitioner SRMU claims that it has 1,06,000 employees on its roll as members. The SRMU is affiliated to All India Railwaymen Federation founded in 1924, which is an Apex body enjoying the support of 12 lakh railway employees. The said All India Railwaymen Federation is recognised by the Ministry of Railways.

(3.) The Trade Union Act does not deal with the recognition of union. Chapter XXV of the Railway Establishment Manual deals with the recognition of service association and trade union by the Railway administration. SRMU was recognised by Railway administration way back in the year 1965. SRMU files the prescribed returns, its accounts are audited in terms of the Trade Union Act and the Railway Establishment Manual from time to time. As a recognised Trade Union, the petitioner not only enjoys but also commands considerable extent of participation in the permanent negotiation machinery at all levels. Apart from SRMU, Southern Railway Employees Sangh is another registered union recognised by the Railway Administration. The said Sangh is affiliated to National Federation of Indian Railways, which is an apex body.