BIRLA TYRES EMPLOYEES UNION, BALASORE Vs. LABOUR COMMISSIONER-CUM-REGISTRAR OF TRADE UNION-CUM-STATE IMPLEMENTATION AND EVALUATION OFFICER, ORISSA, BHUBANESWAR

JUDGEMENT

(1.) M /s. Birla Tyres Employees Union seeks to assail modality adopted for recognition of the union by the Labour ommissioner -cum -Registrar of Trade Unions -cum -State Implementation and Evaluation Officer.

(2.) IN consonance with an application filed by the petitioner Union steps were taken by the Labour Commissioner, Orissa, opposite party No.1, for verification of membership of the trade unions functioning in M/s. Birla Tyres through secret ballots and notice was issued to the Vice -President of M/s. Birla Tyres to submit the entire list of workmen borne in the register of the establishment to the returning officer for their participation as voters in the secret ballot. The letter dated 13.9.2001, Annexure -1, stipulated that it did not matter "whether any workman is a member of a particular union or not, or whether any workman had given anything in writing to the management to abstain form the voting, etc." The petitioner -union assailed the said letter before this Court in OJC No.12827 of 2001 on the ground that the same was not in consonance with Clause (b) of Rule 11(3) of the Verification of Membership and Recognition of Trade Union Rules, 1994 (hereinafter referred to as 'the Rules). According to the petitioner -union it was incumbent upon the returning officer to screen out and publish the final list of workmen who are eligible to participate in secret ballot in the Notice Board with copies thereof to the employer and union at least fifteen days before the date of ballot. This Court disposed of the said Writ application by order dated 22.3.2005 observing as follows : -

(3.) MR . Mohanty, learned Senior Advocate appearing for the petitioner, forcefully submitted that the modalities adopted for conducting secret ballot for the purpose of recognition of unions without determining as to who among the employees are valid members and are eligible to vote, as contained in the order Annexure -12 for conducting secret ballot are contrary to the provisions of the Rules. According to him, till date no valid voter - list has been prepared and an election, under no stretch of imagination, can be conducted without a valid voter -list. In short, Mr. Mohanty submits that the authorities should be first directed to prepare the voter -list and then to start the election process.