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
Guest
(Expert) 01 March 2009
If there are more than one union in the factory and the factory management wants to recognise one of those unions, it can conduct elections for the purpose of recognition.
If the management actively favours one union against the other and use unfair means in favour of that particular union, undemocratic methods adopted in referendum, then the procedure of referendum can be challenged in the court.
If all the unions agree, any one can hold referendum. If there is a difference of opinion about the person, who can hold referendum, then registrar of trade unions/assistant labour commissioner can be approached for holding the election. If the case is contested in the civil court, local commissioner can be appointed for holding the referendum.
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
Guest
(Expert) 02 March 2009
Thanks Mr. Thukral for your indulgence. Without differing with your view, I additionally submit that it is always useful for the management as well as workers to get one union recognised for the purpose of negotiations. At the same time, in the guise of recognising the union, the management plays unfair games, then the aggrieved union can take organisational as well as court procedure. But what bothers me is this, if all the unions existing in the establishment must come to a common approach, how the representative union should be finalised, it would not be possible and the minority union, which has no scope for recognition create hurdles for coming to common approach. Hence, secret ballot is the correct method as long as the secret ballot is done properly without any inducement or threat.
