A P PUBLIC HEALTH AND MEDICAL EMPLOYEES UNION Vs. DIRECTOR OF HEALTH GOVERNMENT OF ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) The petitioner, A.P. Public Health & Medical Employees Union affiliated to Indian National Trade Union Congress (INTUC) is a Union of the employees serving in the Department of Health and Medical Education, Government of Andhra Pradesh registered under the Trade Unions Act, and it is one of the unions existing in the Department of Health and Medical Education. In this Writ Petition, the petitioner-Union has sought for a Writ in the nature of Writ of Mandamus, declaring the action of the respondents 1 and 2 in not allowing the petitioner to negotiate with regard to the conditions of service and other grievances of the members of the petitioner-Union as illegal, arbitrary and contrary to the provisions of the Trade Unions Act, and for a consequential direction to the respondents 1 and 2 to permit the petitioner-Union to participate in the negotiations along with other registered Trade Unions with regard to the conditions of service of the employees working under respondents 1 and 2. The first respondent is the Director of Health, Government of Andhra Pradesh, whereas the second respondent is the Director of Medical Education, Government of Andhra Pradesh. After filing the Writ Petition, the Director of Family Welfare, the Commissioner of A.P. Vaidya Vidhan Parishad and the Government of Andhra Pradesh represented by Commissioner of Labour-Ex Officio Secretary, were impleaded as party respondents 5 to 7 respectively.

(2.) In the affidavit filed in support of the Writ Petition, it is stated that in the year 1964 under the Code of Discipline, the respondents 3 and 4, namely, A.P. Public Health & Hospitals Employees Union and A.P. Medical Employees Union were recognised as the majority unions for the purpose of collective bargain for the Telangana Region and Andhra Region respectively, and the term of the recognition came to an end on completion of two years, and there- afterwards no election verification ballot was held to find out which Union enjoys the support of majority of employees of the Department of Health and Medical Education. The petitioner claiming that as on the date of presentation of the Writ Petition it enjoyed support of majority of the employees serving in the Department of Health and Medical Education has filed this Writ Petition praying for the reliefs referred to above.

(3.) In response to the Rule Nisi, respondents 3, 4 and 5 have filed counter affidavits and others have not filed counter-affidavits.