Referendum with reference to trade Unions
SARAVANAN.R
(Querist) 28 February 2009
This query is : Resolved
Can any one tell me about Referendum in factories. Is there any legal validity for it. Is it questionable in a court of law. Who can conduct the referendum. Whether a personnel officer of the Company or a Labour officer of the Department. Kindly explain.
Saravanan
SARAVANAN.R
(Querist) 02 March 2009
Dear Sir,
Thank you for an effective reply.
Thanks once again
H. S. Thukral
(Expert) 02 March 2009
I differ slightly with Mr. Prabhakar. I have not come across any legislation which gives the management a right to conduct elections. I would like to be enlightened about it.
However if there are more than one union in an establishment and management wants to recognise one union as a representative union, who it should negotiate and deal with, then parties ( unions and management) can agree to a procedure for recognition by verification through a secret ballot. In such case they can appoint labour commissioner or any other labour officer to conduct the elections.
Recognition is a not a statutory right and management can not be forced to recognise a union. Since it is in the interest of management that it negotiates with workers through and with a body which represents the majoirity, and to find a majority it can agree with the warring parties for a procedure. In my opinion, if the unions do not agree, management can nmot resort to a referendum or election.
I can trace a dispute in the past regarding recongition in the establishment of Food Corporation of India which was resolved by the Supreme Court by a direction of holding secret ballot elections. The citation is
Food Corporation of India Staff Union
v
Food Corporation of India and Others
1995 (2) LLJ 272
