BIRLA TYRES WORKERS UNION Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the present writ application, the Petitioner M/s. Birla Tyres Workers Union seeks for a direction to quash the letter dated 09.08.2010 and the Order Dated 30.07.2010 under Annexures 1 and 11 respectively. Annexure-1 is a letter issued by Opp. Party No. 2-Labour Commissioner, Orissa on 9.8.2010 directing the President of Petitioner-Union to refrain from the strike situation and to advise the workers to report for duty by 10.8.2010 and ensure peace and harmony in the industry and in case of failure on the part of the Petitioner-Union legal action would be initiated against it under the Industrial Disputes Act, 1947 (for short 'I.D. Act') and Rule 20 of the Verification of Membership and Recognition of Trade Union Rules, 1994 (for short, "Rules 1994") which might also lead to cancellation of recognition of trade union. Under Annexure-11 Government in Labour and Employment Department in exercise of power Under Section 10(3) of the I.D. Act, passed Order Dated 30.7.2010 prohibiting continuance of the strike/lock out in the premises of M/s Birla Tyres Workers Union.

(2.) Shorn of unnecessary details, the facts and circumstances leading to filing of the present Writ Petition are that the Petitioner is a trade union registered under the Trade Unions Act, 1926 and operates in the industry of Opp. Party No. 4. On 25.9.2007 the said Union submitted an application for verification of membership and recognition of the trade union under Rules 1994. Since no effective steps were taken on its application, the Petitioner-Union approached this Court in W.P.(C) No. 5911 of 2005 which was disposed of on 14.9.2005 with a direction to hold the election within four months from the date of the order. Since the said direction of this Court was not carried out, on 07.11.2008 a direction was issued for personal appearance of Labour Commissioner and District Labour Officer. On 21.12.2008 the Labour Commissioner was directed to comply with the direction given in the said Writ Petition within four weeks. On 12.12.2008 the election under the Rules, 1994 was held and the Petitioner-Union came out successful and Opp. Party No. 4-employer declared the Petitioner-Union as the recognized Union. The Petitioner's case is that though Opp. Party No. 4 declared the Petitioner-Union as a recognized Union, it did not comply with the provisions of Rules 1994. On the other hand, Opp. Party No. 4 entered into an agreement with the other unions. Since certain aspect relating to the service conditions of the workers was not followed, the Petitioner-Union submitted a charter of demand of twenty three points in the prescribed manner. Though the labour machinery wanted to settle the issue by way of discussion, the Management of Opp. Party No. 4 did not participate in the discussion. On the other hand, to frustrate the cause, Opp. Party No. 4 started creating unpleasant situation for which Opp. Party No. 3, Assistant Labour Commissioner issued a letter dated 31.12.2009 Under Section 30(b) of the Code of Civil Procedure. On 28.04.2010 the Petitioner-Union also sent a memorandum to the Collector, Balasore regarding high-handed action of Opp. Party No. 4. Though the workers and the office bearers of the Petitioner-Union submitted application before Opp. Party No. 4 for leave, the latter without considering the same deducted 8 days' wages of the said workers. This very fact having been brought to the notice of the labour machinery, Opp. Party No. 3, issued letter dated 7.5.2010 to Opp. Party No. 4 indicating therein that such deduction of wages is not in accordance with the provisions of Payment of Wages Act, 1936 and requested Opp. Party No. 4 to pay the wages of the workers without any deduction. Since Opp. Party No. 4 did not comply with the above direction of Opp. Party No. 3, Opp. Party No. 3 issued a letter dated 24.5.2010 requiring the presence of the representative of the Petitioner-Union and the representative of the Management on 8.6.2010 in his office to discuss on the issue. Though the representative of Opp. Party No. 4 attended the discussion, on the said day the Management deducted 10% of the wages of the workers and degraded 26 workers as casual workers. This very fact was brought to the notice of Opp. Party No. 2. Since no fruitful result could come out, the Petitioner-Union finding no other alternative on 29.06.2010 served a notice of token strike on 16.07.2010 in protest against such high handed action of Opp. Party No. 4. Immediately thereafter, Opp. Party No. 4 suspended one of the protected workmen on some vague grounds. When such action of Opp. Party No. 4 was objected to by the workers, the said workers were allowed to report to their duties. In the meantime, on 16.07.2010 from B-Shift Opp. Party No. 4 declared lock out of the industry. The Management did not participate in the discussion on 17.7.2010. The Petitioner came to know from the paper publication made by the Management that 46 workers have been put under suspension pending inquiry. When the matter stood thus, the Government of Orissa passed Order Dated 30.7.2010 (Annexure-11) prohibiting continuance of strike/lock out. The further case of the Petitioner is that immediately after receipt of the order prohibiting strike/lock out, the Petitioner-Union made statement in general body meeting and informed the workers about the said fact. In furtherance of the same, the Petitioner-Union made necessary communication to the district administration, Labour machinery to the effect that the Union had never gone on strike as would be reflected from the proceedings before Opp. Parties 2 and 3. When the matter stood thus, Opp. Party No. 2 issued the letter dated 9.8.2010 under Annexure-1.

(3.) Mr. Debendra Mahanta, Learned Counsel appearing for the Petitioner-Union submits that the impugned letter/order passed under Annexure-1 and Annexure-11 are without any basis or material on record. Annexure-1 has been issued on the basis of the allegation made by Opp. Party No. 4. At no point of time the Petitioner Union has gone on any strike. The Petitioner all along tried to maintain peace and harmony in the industry. Hence, order passed under Annexure-11 is not sustainable in law. Rule 20 of the Rules, 1994 provides the circumstances under which recognition of a Union is to be cancelled. In the absence of any finding to the effect that the Union has ever instigated, aided or, assisted in commencement or continuance of any strike proposed action under Rule 20 is illegal. Consequently, the impugned letter under Annexure-1 is not sustainable as it speaks of illegal intention of Opp. Party No. 2. Opp. Party No. 4 till date is continuing the lock out with a view to avail some ancillary benefits and victimize the office bearers as well as the executive body members of the Union. Opp. Party No. 2 being swayed away by Opp. Party No. 4, issued Annexure-1 with mala fide intention. Therefore, the same is liable to be quashed.