ANDHRA PRADESH STATE ELECTRICITY EMPLOYEES UNION Vs. COMMISSIONER OF LABOUR GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner in W.P. No. 20642 of 1994 is the Andhra Pradesh State Electricity Employees Union bearing Registration No. 1104. In this writ petition it has called in question the validity and legality of the action of the second respondent-Andhra Pradesh Electricity Board, for short, the Board, dated 22-10-1994 according recognition to the respondents 3 and 4 Unions, namely, the Andhra Pradesh State Electricity Board Employees Union and Telugu Nadu Vidyuth Karmika Sangh. Writ Petition No. 21744 of 1994 is field by the United Electricity Employees Union calling in question the validity of the order dated 31-10-1994 passed by the Chief Returning Officer and Joint Commissioner of Labour, Government of Andhra Pradesh, rejecting its claim to participate in the verification ballot to find out the Union enjoying the support of majority of workmen.

(2.) Few facts which are necessary to be noted for the purpose of disposal of these two writ petitions are : on 26-9-1989 verification ballot was held and in that ballot the petitioner Union in W.P. No. 20642/94 was recognised as collective bargaining agent in the second respondent Board for a period of two years or till the next verification ballot, whichever was earlier. Subsequently verification ballot was not held in time and even the maximum period of two years fixed by the Board while according recognition also expired on 30-12-1991. It seems that for some or the other reason verification ballot could not be held immediately after the expiry of two years and when the Labour Department initiated proceedings in the month of January, 1993 to hold fresh verification ballot, the petitioner Union in W.P. No. 21744/94 filed W.P. No. 13393 of 1993 in this Court claiming that the members of its Union have a right of participate in the verification ballot and the right of participation was denied to them by the Chief Returning Officer and Joint Commissioner of Labour. They sought a direction to the Chief Returning Officer to permit the members of its Trade Union to participate in the election process. The said writ petition was disposed of by this Court by its order dt. 31-8-1994 directing the Chief Returning Officer to hear the petitioner Union and consider its claim and to pass a speaking order. There afterwards, the Chief Returning Officer and Joint Commissioner of Labour by his proceedings dt. 31-10-1994 for the reasons stated by him in the said proceedings rejected the claim of the United Electricity Employees Union. As already pointed out, against the said order the said Union has field W.P. No. 21744 of 1994.

(3.) Since there was deadlock among the Trade Unions to represent the interest of workmen in the industry, the second respondent Board by its proceedings dated 22-10-1994 recognised the A.P. Electricity Employees Union, the A.P. Electricity Board Employees Union and Telugu Nadu Viduth Karmika Sangh for the purpose of collective bargaining pending holding of verification ballot. The said order is question by the A.P. State Electricity Employees Union. Writ Petition No. 21744 of 1994