CONGRESS OF VISAKHA STEEL WORKERS Vs. GOVERNMENT OF A P REP BY ITS PRINCIPAL SECRETARY LABOUR DEPARTMENT

JUDGEMENT

(1.) The writ petition is seeking to declare the proceedings No.A/257/2010, dated 06-05-2010 issued by the Joint Commissioner of Labour/Returning Officer directing the petitioner union to contest the union elections without allotment of any symbol, as illegal and to direct the respondents to allot 'Bell' symbol to the petitioner union.

(2.) The petitioner union claiming to be registered, stated that it has nearly 200 members working in Visakhapatnam Steel Plant and its motive is to protect the legitimate rights and needs of its members and represent before the management. There are 21 trade unions in Visakhapatnam Steel Plant and the management conducts union elections every two years to elect the majority union and in a similar process in 2010, the Joint Commissioner of Labour was appointed as the Returning Officer. He addressed a letter, dated 20-04-2010, on which the representatives of 20 unions including the petitioner attended the meeting on 03-05-2010, in which the election programme was finalized. The petitioner opted for symbols Bell/Rose/Lion on 03-05-2010 itself, while some other unions requested for time, which was granted up to 06-05-2010. After the meeting on 06-05-2010, wherein the procedure and norms were prescribed, the Joint Commissioner allotted symbols to 18 trade unions, but not to the petitioner stating that 'Bell' was allotted to Visakha Steel Workers Union, which had that symbol in the earlier elections and as 'Rose' was the first option of the Steel Plant Employees Union and as 'Lion' was the symbol of Visakha Steel Employees Congress in the last elections. Visakha Steel Workers Union, which was allotted 'Bell', withdrew from the election and hence, the petitioner was entitled to allotment of 'Bell' symbol. The Joint Commissioner unethically and intentionally colluded with the other trade unions in spite of the representations, dated 07-05-2010 and 10-05-2010 and was proceeding to print a draft ballot paper without any symbol for the petitioner. Hence, the writ.

(3.) On 20-05-2010 this Court passed an interim order that the election scheduled to be held on 22-05-2010 may go on, but the results of the same shall not be declared. In W.P.M.P. No.36447 of 2011, Visakha Steel Employees Congress was ordered to be impleaded as the 4th respondent, while W.P.M.P. No.16188 of 2010 filed by the Steel Plant Employees Union to be impleaded as a respondent, does not appear to have been ordered.