HINDUSTAN AERONAUTICS EMPLOYEES ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, Hindustan Aeronautics Employees Association is a registered trade union under the provisions of the Trade Unions Act, 1926 having its own bye-laws known by the name of Hindustan Aeronautics Employees Association, Lucknow Bye-laws. It has approached this Court seeking a writ of certiorari for quashing the notification dated 09-07-2014 issued by the Chief Labour Commissioner (Central), New Delhi, the respondent no. 2 appointing the Regional Labour Commissioner (Central), Lucknow, the respondent no. 3 as an election officer for conducting a referendum through 'secret ballot' in the establishment of Hindustan Aeronautics Limited, Lucknow and also the notification dated 19-09-2014 issued by the respondent no. 3 notifying the election programme for a referendum by a secret ballot.

(2.) An application dated 06-10-2014 has been moved by Hindustan Aeronautics Karmchari Sangh seeking impleadment in the proceedings on the allegations that it is also a registered trade union of the workmen of Hindustan Aeronautics Limited Lucknow having its own bye-laws. Hindustan Aeronautics Employees Union, Lucknow, the respondent no. 7 has also come up with a short counter affidavit alleging therein that the petitioner has made a concealment of the facts that there are four other trade unions namely; Hindustan Aeronautics Employees Union, Lucknow, Hindustan Aeronautics Karmchari Sangh, Lucknow, Hindustan Aeronautics Rastriya Shram Sangthan, Lucknow and Hindustan Aeronautics Karmchari Sabha, which are all registered trade unions under the Trade Union Act, 1926 with the Registrar, Trade Unions, Uttar Pradesh, Kanpur and the alleged election of the petitioner's trade union by 'secret ballot' was, as a matter of fact, conducted by the management of the Hindustan Aeronautics Limited, which is illegal and the said trade union does not represent the majority of the workmen. It has also been alleged that the respondent no. 7 has 1409 workmen as its members and the management of the Hindustan Aeronautics Limited is colluding with the petitioner's trade union.

(3.) Thus there are more than one registered trade unions operating. When there are two or more trade unions operating in an industrial establishment it becomes a bone of contention as to with whom the employer should negotiate or enter into bargaining to settle the matters concerning service conditions of the workmen employed in the establishment. The issue assumes importance because if the settlement is arrived at between the employer and a trade union, the members whereof are in minority the settlement arrived at may not be acceptable to the majority and may result into serious industrial unrest.