Calcutta High Court (Appellete Side)
Permanent Employee'S Union & Another vs National Insurance Company Limited & ... on 16 November, 2016
Author: Subrata Talukdar
Bench: Subrata Talukdar
16.11.2016
S.L.-50(KB)
W.P. No. 25730 (W) of 2016
General Insurance Progressive
Permanent Employee's Union & Another
Versus
National Insurance Company Limited & Ors.
Mr. Sandip Kumar Bhattacharyya
Mr. Himadri Kumar Bandopadhyay
... For the petitioners.
Mr. Bikash Ranjan Bhattacharya
Mr. Sukanta Chakrabarty
Mr. Biswadeep Chatterjee
Mr. Anindya Halder
... For the respondent no.1.
On behalf of the petitioners, Sri Sandip Kumar Bhattacharyya, learned counsel appears and submits that the check-off system of scrutinising the election to the representative body of unions/associations of employees, including officers has been arbitrarily enforced.
Sri Sandip Kuamr Bhattacharyya further argues that in spite of the specific points of dissent pointed out by the petitioners before the competent authority of the National Insurance Company Limited connected to the implementation of the check-off system, such points of protest were not taken into notice by the Insurance Company which notified future dates for participation and announcing of election results through such check-off system.
Appearing on behalf of the Respondents/Insurance Company, Sri Bikash Ranjan Bhattacharya, learned Senior Counsel emphasises that it is by now trite that the check-off system is universally accepted in an employer/employee relationship system for regulating the membership of the unions and ensuring participation of individual employees, including officers.
Sri Bhattacharya further points out that the check-off system impugned in this writ petition is a pan- national exercise under the Insurance Company and, therefore, cannot be stopped at the will of a single union.
Having heard the parties and considering the materials placed, this Court permits the Respondents/Insurance Company to place their stand by way of an affidavit.
Let affidavit-in-opposition be filed within a period of six weeks from date; reply within three weeks thereafter.
Liberty to mention after the period granted to exchange affidavits is complete.
Steps taken pursuant to the impugned check-off system shall abide by the result of this writ petition.
(Subrata Talukdar,J.)