Bombay High Court
Tankal Kamgar Sena vs India Government Mint And Anr on 3 April, 2017
Bench: Anoop V. Mohta
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3804 OF 2017
Tanksal Kamgar Sena
C.o. India Govet Mint,
Shahid Bhagat Singh Marg,
Fort, Mumbai - 400 023 .... Petitioner
Vs.
1. India Government Mint
A Unit of Security Printing & Minting
Corporation of India Ltd,
Shahid Bhagatsingh Marg,
Fort, Mumbai 400 023.
2. Deputy Manager (HR)
Chief Election Officer,
India Government Mint,
A Unit of Security Printing & Minting
Corporation of India Ltd,
Shahid Bhagatsingh Marg,
Fort, Mumbai 400 023. .... Respondents
Ms Neha Bhide, Adv with YM Pendse for the Petitioner.
Mr Yuvraj Narvankar, Adv for Respondents Nos. 1 and 2.
Mr Ashesh Avinashi, Deputy Manager-HR of Respondent No.1 present.
CORAM : ANOOP V. MOHTA AND
RAVINDRA V. GHUGE, JJ.
DATE : 3 APRIL 2017.
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O R A L J U D G M E N T ( Per Ravindra V Ghuge, J.)
1. This matter was heard for quite some time and was
adjourned in order to enable Respondent No.1 to take instructions as
regards the withdrawing of the schedule of elections (election
programme) keeping in view that the Unions concerned were directed
by a notice dated 8th March 2017 to submit a list of their members.
2. The learned counsel for Respondent No.1 submits on
taking instructions from Mr Ashesh Avinashi, Deputy Manager-HR that
elections schedule / program declared pursuant to the notice dated
8th March 2017 shall stand withdrawn.
3. We find that Rule 41 and 42 of the Industrial Disputes
(Central) Rules 1957 are to be read in tandem. The employer is
required under Rule 41 to call for the detailed information as regards
the membership of the Union and their distribution amongst various
sections, shops or departments of the establishments. If such
information is not supplied by any Union within a period of 30 days
from the date of such notice, it is to be deemed that the said Union is
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not in existence.
4. For the sake of clarity, Rules 41 and 42 are reproduced as
under:-
41. Consultation with trade unions.- (1) Where any
workmen of an establishment are members of a
registered trade union the employer shall ask the union
to inform him in writing-
(a) how many of the workmen are members of the union;
and
(b) how their membership is distributed among the
sections, shops or departments of the establishment.
(2) Where an employer has reason to believe that the
information furnished to him under sub-rule (1) by any
trade union is false, he may, after informing the union,
refer the matter to the Assistant Labour Commissioner
(Central) concerned for his decision; and the Assistant
Labour Commissioner (Central), after hearing the
parties, shall decide the matter and his decision shall be
final.
42. Group of workmen's representative.- On receipt of
the information called for under Rule 41, the employer
shall provide for the election of workmen's representative
on the Committee in two groups-
(1) those to be elected by the workmen of the
establishment who are members of the registered trade
union or unions, and
(2) those to be elected by the workmen of the
establishment who are not members of the registered
trade union or unions,
bearing the same proportion to each as the union
members in the establishment bear to the non-members:
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5. There is no dispute that there are three Unions active in
the Respondent No.1 establishment namely Tanksal Kamgar Sena, the
Petitioner herein, Tanksal Mazdoor Sabha and Mumbai Mint Staff
Union. There are also some workers who are said to be not affiliated
with any of these three Unions and they are not the members of any of
these three Unions. In the elections to be conducted for electing the
representatives of the Union, this category of workers, who are not
members of any Union, also has to be taken into account.
6. Considering the above, this Petition is disposed of by
recording the statement of Respondent No.1 upon taking instructions
from Mr Avinashi, which is undisputed, that the notice for submitting
information about the workmen / members under Rule 41 is dated
8th March 2017. On or before, 8th April 2017, these three Unions are
obliged to submit information about their members under Rule 41.
Though it is not so provided, we deem it appropriate to observe that
during this period the Respondent No.1 establishment would have to
prepare the list of such workmen who are not members of any Union.
7. Considering the above, all the Unions concerned are given
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time upto 8th April 2017 to submit the details of their membership to
Respondent No.1. This would be followed by a scrutiny by Respondent
No.1 and in the event it so finds or believes that the information
furnished by any of the Unions under Rule 41(1) is false or incorrect,
the said matter would then be referred to the Assistant Labour
Commissioner (Central) under Rule 41(2) whose decision in this
context would be final.
8. In order to enable the Respondent No.1 to perform this
exercise of scrutinizing the details of the information submitted by the
Unions, we expect that Respondent No.1 would complete the said
exercise within a period of one week from 9th April 2017 and in the
event of any dispute would refer the matter to the concerned Assistant
Labour Commissioner (Central) under Rule 41 (2). After the
Competent Authority decides the issue of membership under Rule
41(2), Respondent No.1 establishment would thereafter proceed to
follow the procedure laid down under Rule 46 onwards for conducting
the elections of these Unions as well as the category of such workers
who are not the members of any Union.
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9. With the above directions, this Writ Petition is disposed of.
(RAVINDRA V. GHUGE, J.) (ANOOP V. MOHTA, J.)
