TUTICORIN PORT TRUST DEMOCRATIC STAFF UNION Vs. SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF SURFACE TRANSPORT 1 PARLIAMENT ST NEW DELHI

JUDGEMENT

(1.) BOTH the counsel have agreed to decide the main writ petition itself.

(2.) THE petitioner-union has to filed the above writ petition seeking to issue a writ of mandamus , directing the respondents 1 to 3 to hold secret ballot in the 2nd respondent establishment among class III and class IV employees to ascertain the representative character of the unions so as to facilitate their nominees to be made as trustees of the 2nd respondent-trust and also for negotiating with the 2nd respondent-trust on all matter pertaining to the workman of Port Trust as a negotiating agent.

(3.) EITHER check-off system or secret ballotting is being followed in order to have proper representation on behalf of the majority workers, and to avoid the representation of a union which represent the minority workers which cannot represent the real grievance of the workers. In this case, the 1st respondent is having a scheme for check-off system, which was introduced in the 2nd respondent-port trust only after consultation of all Unions, and the same has also been acted upon. Only because the petitioner-union has been pushed down by the 4th respondent-union to the third place, the petitioner-union has now come forward with the above writ petition. If any irregularities in following the check-off system, the same can be putforth by the petitioner, and, merely because it has not been properly followed, it cannot be said that the said system itself is bad. The learned Senior Counsel appearing for the petitioner has relied on the decision in F.C.O.I.S.U. v. F.C.O.I. & Ors. , 1995 (2) LLJ272, in support of his submission that the check-off system cannot be accepted as a recognised system. In the said decision the Apex Court has held as follows:-