PARADEEP PHOSPHATES EMP UNION Vs. DIST LABOUR OFFICER

JUDGEMENT

(1.) In this writ application the Paradeep Phosphates Employees' Union (hereinafter referred to as the petitioner-union) has challenged the arrangement of postal ballots for those employees of the Paradeep Phosphates Ltd. (hereinafter referred to as the Company) posted and working outside the State of Orissa for casting their votes for the purpose of verification of membership and recognition of trade unions. According to the writ-petitioner, the Rules for Verification of Membership and Recognition of Trade Unions Rules, 1994 (hereinafter referred to as the Verification Rules) do not envisage and permit casting of votes through postal ballot.

(2.) The petitioner was last recognised as a Trade Union on March 6, 1995 for two years, which expired on March 5, 1997. The petitioner-union moved the Labour Commissioner-cum-State implementation and Evaluation Officer (Opposite Party No. 2) for taking steps for verification of the membership of the trade-unions for fresh recognition. The District Labour Officer, Jagatsinghpur (Opposite Party No. 1) was appointed as Returning Officer for the purpose of verification of membership of the trade unions through secret ballot system. By an order dated May 15, 1997, the Returning Officer introduced a new arrangement for casting votes through postal ballot for the employees who have been posted and working outside the State of Orissa. Under the impugned arrangement the employees of the Company posted outside the State of Orissa were to make a written request to the Returning Officer for permitting them to participate in the ballot through post. The employees who opted for postal ballot themselves were to send the ballot papers received by them by registered post with Acknowledgement Due.

(3.) The question to be decided in the present case is whether Rule 12 of the Verification Rules permits the system of postal ballot or not. The relevant, Rule 12 of Verification Rules is reproduced below: