Gujarat High Court
Petroleum Employees Union Ahmedabad ... vs Chief Labour Commissioner (Central) on 31 January, 2022
Author: A. S. Supehia
Bench: A.S. Supehia
C/SCA/1354/2021 ORDER DATED: 31/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1354 of 2021
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PETROLEUM EMPLOYEES UNION AHMEDABAD THROUGH GENERAL
SECRETARY SHAILESHKUMAR R. JOSHI
Versus
CHIEF LABOUR COMMISSIONER (CENTRAL)
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Appearance:
MS AMITA S SHAH(2691) for the Petitioner(s) No. 1
MR KUNAN B NAIK(3210) for the Respondent(s) No. 3-7
MR PY DIVYESHVAR(2482) for the Respondent(s) No. 1,2
NOTICE NOT RECD BACK for the Respondent(s) No. 8
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 31/01/2022
ORAL ORDER
1. At the outset, learned advocate Mr.Kunan Naik has submitted that he would be appearing for the respondent Nos.3, 4, 5, 6 and 7. He has further submitted that so far as the respondent No.3 is concerned i.e. Asset Manager, Ahmedabad, the order is already passed and hence, no fresh order would be required apropos the respondent No.3.
2. Learned advocates appearing for the respective parties at the further outset, have submitted that they would be inviting the similar order dated 18.02.2021 passed by the Coordinate Bench of this Court in Special Civil Application No.13030 of 2020.
3. Rule. Learned advocate Mr.P.Y.Divyeshvar for the respondent Nos.1 and 2 and learned advocate Mr.Kunan Naik for the respondent Nos.3, 4, 5, 6 and 7 waive service of notice of rule on behalf of the respective respondents.
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4. This matter pertains to verification of membership of Union operating in O.N.G.C. Ltd., Western Region, through secret ballot.
5. The relief sought for in this petition are as under:
"7.(A) Your Lordship may be pleased to issue a writ of mandamus or writ in nature of mandamus and/or any other appropriate writ, order or direction in nature of mandamus for directing the respondent no.1 and 2 to initiate and conduct the process verification of membership of union functioning in ONGC, Western Region after 4/5/2021 i.e. after completing one year of extension. (B) During the pendency of this petition Your Lordship may be pleased to direct the respondent no.3 to request the respondent no.1 and 2 to initiate and conduct the process verification of membership of union functioning in ONGC, Western Region after 4/5/2021 i.e. after completing one year of extension."
6. Heard the learned advocates for the respective parties and also perused the documents as pointed out by them.
7. Pursuant to the prayers referred above, the learned advocate Ms.Amita Shah has drawn attention of this Court to the order dated 18.02.2021 passed in Special Civil Application No.13030 of 2020 and has submitted that the same question arose earlier also and at that point of time, the Coordinate Bench of this Court had passed an order dated 18.02.2021 by placing reliance on the order dated 22.09.2017 passed in Special Civil Application No.12368 of 2016 and Page 2 of 7 Downloaded on : Thu Feb 03 20:30:18 IST 2022 C/SCA/1354/2021 ORDER DATED: 31/01/2022 allied matter, which was accepted by all the litigating parties. She has further submitted that, if an order on similar line is passed, in that case, it would serve the end of justice.
8. Learned Central Government Standing Counsel Mr.Parth Divyeshvar as well as learned advocate Mr.Kunan B. Naik have submitted that it is true that the order dated 22.09.2017 passed by the Coordinate Bench of this Court in Special Civil Application No.12368 of 2016 and the order dated 18.02.2021 passed in Special Civil Application No.13030 of 2020 were not challenged further and were accepted by all the parties and parties have also acted upon the same. However, learned advocate Mr.Kunan B. Naik has drawn the attention of this Court to the affidavit filed by the respondent Nos.1 and 2 and reiterates the stand of the respondents taken in their affidavit. In the affidavit filed by the respondent Nos. 1 and 2, through Manikandan N, Regional Labour Commissioner (Central), Ahmedabad, wherein in paragraph No.4.3, the stand taken by the respondent Nos.1 and 2 is reproduced as under:
"4.3. With reference to paragraph No. 3.1 of the petition, it is submitted that the recognition of trade unions in ONGC is done under the provision of the Code of Discipline, adopted by the Central Employers and Workers' Organizations, in pursuance of the suggestions made in Indian Labour Conference w.e.f. June 1, 1958. The ONGC confers recognition to the Union, commanding majority on the basis of verification of membership by Central Industrial relations Machinery of the Ministry of Labour & Employment, Government of India. The ONGC Page 3 of 7 Downloaded on : Thu Feb 03 20:30:18 IST 2022 C/SCA/1354/2021 ORDER DATED: 31/01/2022 has adopted a policy for conferring recognition at the regional level taking into consideration of the growth of its activity as well as multiplicity of trade unions. Accordingly, it has decided in consultation with the recognized unions in meeting held with Presidents and General Secretaries on 13.07.1996 to resort to verification of membership for ascertaining the majority character of a union through the process of secret ballot. A policy has thus been formulated in accordance with the joint decision of the management and unions. The ONGC has sought the help to conduct the secret ballot through the Chief Labour Commissioner (Central), New Delhi and assured to extend all infrastrucutural facilities to the Chief Labour Commissioner (Central) to enable to smoothly conduct the secret ballot. The policy of recognition of Unions in ONGC (Extract taken out from IR Manual of ONGC) is attached herewith as Annexure 'R1' in which it has been categorically mentioned at Page No. 10 as under:- "In order to implement the policy of ONGC for recognition to unions for 3 years, the issue was discussed with the Chief Labour Commissioner (Central) under whose instruction, the secret ballot is conducted. He was of the opinion that it is not obligatory on the part of an establishment to get the secret ballot conducted through CIRM and the establishment can conduct secret ballot by own arrangement, have its own policy and confer recognition for 3 years". In view of the above clear-cut / categorically stated policy of the ONGC for recognition of Unions, the establishment of ONGC can conduct secret ballot election by its own arrangement and confer recognition accordingly. It is further submitted that the Petitioner Union have sought relief to conduct the verification of membership of various trade unions through secret ballot election in the "Ahmedabad Asset and Jodhpur Asset" of ONGC Ltd forthwith. In this connection, it is submitted that Western Region is consisting of various 'independent and separate' establishments/Work Centres as under;
1. The Asset Manager, ONGC Ltd, Avani Bhavan, Chandkheda, Ahmedabad-380 005.
2. The Asset Manager, ONGC Ltd, Ankleshwar Asset, Ankleshwar, District-Bharuch.Page 4 of 7 Downloaded on : Thu Feb 03 20:30:18 IST 2022
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3. The Asset Manager, ONGC Ltd, KDM Bhavan, Mehsana Assets, Palavasana, Mehsana.
4. The Basin Manager, ONGC Ltd, Makarpura Road, Vadodara-390009.
5. The Asset Manager, ONGC Ltd, Post Kansari, Khambhat-388630.
6. The Head, ONGC Ltd, Central Workshop, Baroda.
7. The Head, ONGC Ltd, Hazira (Surat).
8. The Head, ONGC Ltd., Well Stimulation Services (WSS), Work-Centre, Ahmedabad.
All the above 08 units are headed by 'independent' incharges of said establishment of ONGC Ltd. and not reporting to each other. At present, there is no concept of Western Region/Western Sector."9. Since the stand of the respondent Nos.1 and 2
is broadly reflected in the above-referred paragraph in their affidavit, learned Standing Counsel Mr.Parth Divyeshvar for the respondent Nos.1 and 2 has reiterated the stand taken by his clients through their affidavit and submit that taking note of the stand taken by the respondents and also taking note of the earlier order dated 22.09.2017 passed in Special Civil Application No.12368 of 2016 and the order dated 18.02.2021 passed in Special Civil Application No.13030 of 2020, an appropriate order may be passed.
10. Learned advocate Mr.Naik has submitted that since the earlier petition was confined only in respect of Ahmedabad Asset, the reliance upon Page 5 of 7 Downloaded on : Thu Feb 03 20:30:18 IST 2022 C/SCA/1354/2021 ORDER DATED: 31/01/2022 which is placed by the learned advocate Ms.Shah, this order also may be passed only in respect of Ahmedabad Asset.
11. Learned advocate Ms.Shah has drawn attention of this Court that, this petition is already confined to Ahmedabad asset only and this petition does not involve any issue / prayer related to any other assets except, Ahmedabad asset and, therefore, learned advocate Ms.Shah has submitted that as per the order dated 18.02.2021, similar directions if issued by this Court, the grievance of the petitioner will stand redressed, at this juncture.
12. In view of the aforesaid submissions, the following order is passed:
12.1 The Chief Labour Commissioner (Central) and the Regional Labour Commissioner (Central) at Ahmedabad, respondents Nos.1 & 2 respectively are directed to initiate the process of verification of membership of the Union operating in ONGC Ltd., Ahmedabad Asset, Western Region, only through secret ballot.
12.2 It is directed to respondents Nos.1 and 2 that the above process shall be initiated within a period of two weeks from the date of receipt of writ of this order and shall be Page 6 of 7 Downloaded on : Thu Feb 03 20:30:18 IST 2022 C/SCA/1354/2021 ORDER DATED: 31/01/2022 concluded, preferably within a period of four months from the date of initiation of such process.
12.3 It is also directed that the entire process shall be initiated in the same manner, as it was done in the year 2017-2018.
12.4 The liberty is reserved to the parties, to move this Court, in case of any difficulty.
In view of the aforesaid directions, the petition stands allowed to the aforesaid extent. Rule is made absolute accordingly. No order as to costs. Direct service is permitted.
Sd/-
(A. S. SUPEHIA, J) NVMEWADA Page 7 of 7 Downloaded on : Thu Feb 03 20:30:18 IST 2022