ELECTRONICS CORPORATION OF INDIA LIMITED Vs. MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR & EMPLOYMENT,NEW DELHI AND 3 OTHERS

JUDGEMENT

(1.) This writ petition is filed seeking to issue a writ of mandamus declaring the action of the respondents in not extending the 'Check Off' facility to the petitioner-trade union as being illegal, arbitrary, discriminatory and violative of principles of natural justice and for issuance of appropriate consequential directions.

(2.) The case of the petitioner is that it is a trade union which came into existence in the year 1968 espousing the cause of the employees of ECIL. While so, the management of ECIL adopted a 'Check Off' system, whereunder a nominal fixed amount is deducted from the salary of the employees of ECIL towards subscription fee and being transferred to the account of the petitioner trade union. But, in the elections held on 22.01.2011 by the Deputy Commissioner of Labour, the ECIL's Staff & Workers Union, bearing Regn.No.A-3529 secured majority votes and was recognized as the representative union of the employees of ECIL and the said recognition was granted for a period of two years. After the elections, the Head of Personnel Group of ECIL issued the impugned proceedings bearing Ref.No.ECIL:PG:ER:2011, dated 08.02.2011 to the effect that 'Check-Off' system will be provided only to recognized trade union and the subscription deducted towards the membership of the trade union be credited to the recognized trade union by discontinuing the subscription to the petitioner-trade union from the month of February, 2011. Hence, this writ petition.

(3.) Counter affidavit is filed by the 3rd and 4th respondents stating that the respondent-Company, as a matter of policy, is extending certain facilities only to the recognized trade union, as per Code of Discipline, which is arrived at between Trade Union leaders at International Labour Organization Conventions. It is also stated that in the elections held on 22.01.2011, the ECIL Staff and Workers Union has secured majority votes and therefore, it is recognized as representative union of workers of respondent-Company under the Code of Discipline and accorded recognition for a period of two years. Earlier, petitioner trade union also enjoyed the benefit of 'Check Off' facility, being the recognized trade union and the said facility was not extended to any other trade union, but only to recognized trade union. It is further stated that respondent in its discretion is providing the said facility as a goodwill gesture only to a recognized trade union, but not under any compulsion or obligation. In other words, even the recognized trade union cannot claim or demand, as a matter of right, to extend such facility. As such, petitioner is not entitled to make such claim being unrecognized trade union and sought for dismissal of the writ petition.