UCO BANK EMPLOYEES ASSOCIATION Vs. UCO BANK

JUDGEMENT

(1.) The Industrial Relation Policy for Workmen Staff in so far as it excludes the representation of all other recognized unions, save and except, the majority union during negotiation, is the subject matter of challenge in this writ petition.

(2.) The petitioner No.1 is a registered trade union. The grievance of the petitioners appear to be that although, the petitioner No.1 is a registered majority trade union as on date on the basis of the check off system and would be entitled to be present during negotiation in terms of the present policy; however, the petitioners have challenged the policy on the ground that the decision to negotiate at the apex level on policy matter with the majority union is unreasonable and against the spirit of the Sastry Award. Instead of living upto the object the said policy seeks to achieve, it, in fact, downplays and militates against such basic object. The recognition of a trade union without negotiation is illusory. The very object of collective bargaining would be illusory if the other unions are left out of negotiation are the other objections raised by the petitioners against the policy.

(3.) Mr. Soumya Majumder, learned Counsel representing the petitioners submits that the said policy is arbitrary and discriminatory. In order to demonstrate arbitrariness and unreasonableness of the policy, he has referred to the Draft Industrial Relation Policy of the Bank, dated March 16, 2012, being Annexure P-5 to the writ petition. The learned Counsel argued that the said draft industrial relation policy recommended that the negotiating status is to be given to any union/association having at least 25% membership of the employees in officers/workmen cadre. In case such a situation arises, negotiation at apex level on policy matters would be conducted in small committees of unions/associations having at least 25% membership. The said draft policy was prepared by two high officials of the Human Resources Management of the Bank. The said draft policy made a specific recommendation that at the apex level, there shall be negotiation on policy matters with the registered and recognized unions/associations.