PANYAM CEMENTS EMPLOYEES UNION AFFILIATED TO INTUC KURNOOL DISTRICT Vs. COMMISSIONER OF LABOUR HYDERABAD

JUDGEMENT

(1.) The core issue in these two writ petitions arises in connection with the election to recognise majority trade union in Panyam Cements and Mineral Industries Ltd., (hereafter called 'Panyam Cements'), Cement Nagar, Kurnool District. Panyam Cements Employees Mazdoor Union (hereafter called 'Mazdoor Union') and Panyam Cements Employees Union (hereafter called 'Employees Union') are before this Court raising objection in the method and manner of inclusion and non-inclusion of certain categories of workers in the voters' list. Employees Union filed W.P. No. 16250 of 2003 praying this Court for a direction to the Commissioner of Labour, Hyderabad, and Deputy Commissioner of Labour, Kurnool, first and second respondents herein, to conduct election by secret ballot under code of discipline to determine the majority trade union in Panyam Cements pursuant to the memoranda dated February 5, 2003 and March 21, 2003. Be it noted that by the said memoranda, the two rival unions were called to attend the joint meeting before the Deputy Commissioner and Returning Officer along with necessary material to determine the majority union in Panyam Cements. Mazdoor Union filed W.P. No. 23487 of 2003 challenging the letter of the Deputy Commissioner dated October 30, 2003 whereunder the Deputy Commissioner rejected the request of the Mazdoor Union to include four employees working in branch offices as well as forty-one badli workers in the voters' list.

(2.) As per the code of discipline, recognition of majority union for the purpose of negotiating with the management is done once in two years. In 1990, Employees Union was recognized as majority trade union for a period of two years. After 1993, no union was, however, recognized due to various reasons including the non- functioning of Panyam Cements. The factory started functioning in 2000. There was a settlement between the Mazdoor Union and the management of Panyam Cements regarding collection of electricity charges from the workers in occupation of factory quarters, canteen facilities, leave encashment, badli and casual employees etc. Be that as it is, the Deputy Commissioner, by communication dated March 21, 2003 requested the General Secretaries of both the unions to attend the joint meeting on October 31, 2003 along with records and renewal certificate of the union to enable the Returning Officer to conduct secret ballot election under code of discipline to determine majority union in Panyam Cements. On October 31, 2003, General Secretary of Employees Union alone attended the meeting, but no action was taken for conducting election. The Employees Union, therefore, filed W.P.No. 16250 of 2003 alleging that as there is no recognised union for the purpose of collective bargaining, salaries of workers are not paid from October, 2001 and that elections should be conducted to recognize the majority union in the factory.

(3.) On March 26, 2003, General Secretaries of Mazdoor Union as well as Employees Union attended the joint meeting in the Chambers of the Deputy Commissioner of Labour, Kurnool when it was agreed to take February 1, 2003 as the date of reckoning for preparation of voters' list. It was also agreed to exclude permanent wage board employees who are retired or promoted to managerial cadre alter February 1, 2003. The minutes of the said meeting have some bearing and, therefore, need to be read in verbatim.