Gujarat High Court
Petroleum Mazdoor Sangh Through ... vs Chief Labour Commissioner (Central) on 18 February, 2021
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
C/SCA/13030/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13030 of 2020
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PETROLEUM MAZDOOR SANGH THROUGH GENERAL SECRETARY
DEVISISH JITENDRA CHAUDHARY
Versus
CHIEF LABOUR COMMISSIONER (CENTRAL)
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Appearance:
MR AK CLERK(235) for the Petitioner(s) No. 1
MR KUNAN B NAIK(3210) for the Respondent(s) No. 3
MR PY DIVYESHVAR(2482) for the Respondent(s) No. 2
NOTICE SERVED(4) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 18/02/2021
ORAL ORDER
1. Issue Rule returnable forthwith. Learned Central Government Standing Counsel Mr. Parth Divyeshvar waives service of notice of rule on behalf of the respondent nos.1 and 2 and learned advocate Mr. Kunan B. Naik waives service of notice on behalf of the respondent no.3.
2. As all the learned advocates appearing for the respective parties have agreed, the matter is taken up for final hearing.
3. This matter pertains to verification of membership of union operating in O.N.G.C. Ltd., Page 1 of 9 Downloaded on : Sun Aug 22 00:24:44 IST 2021 C/SCA/13030/2020 ORDER Ahmedabad Asset, through secret ballot.
4. The relief sought for in this petition in para15 are as under:
"a) Directing the respondent No. 3 to request the respondent No. 1 & 2 to initiate and conduct the process of verification of membership of union in ONGC Ltd. for Ahmedabad Asset.b) Directing the respondent No. 1 & 2
to initiate and conduct the process of verification of membership of Union through secret ballot in Ahmedabad Asset of ONGC Ltd. forthwith.
c) Granting such other and further relief and passing such other and further orders as may be necessary in the facts and circumstances of the case."
5. Heard learned advocate Mr. A.K. Clerk for the petitioner, learned Standing Counsel Mr. Parth Divyeshvar for the respondent nos.1 and 2 and learned advocate Mr. Kunan B. Naik for the respondent no.3 - O.N.G.C. through video conference.
6. Pursuant to the prayers referred above, the learned advocate Mr. A.K. Clerk draws attention of this Court to the order dated 22.09.2017 passed in Special Civil Application No. 12368 of 2016 and allied matters and submits that the same question arose in the year 2017 Page 2 of 9 Downloaded on : Sun Aug 22 00:24:44 IST 2021 C/SCA/13030/2020 ORDER also and at that point of time, the Coordinate Bench of this Court had passed an order dated 22.09.2017 which was accepted by all the litigating parties. Learned advocate Mr. Clerk submits that, if an order on similar line is passed, in that case, it would serve the end of justice.
7. Learned Central Government Standing Counsel Mr. Parth Divyeshvar as well as learned advocate Mr. Kunan B. Naik submit 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 was not challenge further and was accepted by all the parties and parties have also acted upon the same. However, learned Standing Counsel Mr. Parth Divyeshvar as well as learned advocate Mr. Kunan B. Naik draws the attention of this Court to the respective affidavits filed by the respondent nos. 1 and 2 as well as respondent no.3 and reiterates the stand of the respondents taken in their respective affidavits. In the affidavit filed by the respondent nos. 1 and 2 through Manikandan N, CLS, Regional Labour Commissioner (Central), Ahmedabad, wherein in para4.2, the stand taken by the respondent nos. 1 and 2 is reproduced as under:
Page 3 of 9 Downloaded on : Sun Aug 22 00:24:44 IST 2021 C/SCA/13030/2020 ORDER "4.2. With reference to paragraph No. 2of 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 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 Page 4 of 9 Downloaded on : Sun Aug 22 00:24:44 IST 2021 C/SCA/13030/2020 ORDER 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 clearcut / 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' establishment/ work Centres as under;
1. The Asset Manager, ONGC Ltd, Avani Bhavan, Chandkheda, Ahmedabad380 005.
2. The Asset Manager, ONGC Ltd, Ankleshwar Asset, Ankleshwar, District Bharuch.
3. The Asset Manager, ONGC Ltd, KDM Bhavan, Mehsana Assets, Palavasana, DistrictMehsana.
4. The Basin Manager, ONGC Ltd, Makarpura Road, Vadodara390009.
5. The Asset Manager, ONGC Ltd, Post Kansari, Khambhat388630.
6. The Head, ONGC Ltd, Central Workshop, Baroda.
7. The Head, ONGC Ltd, Hazira (Surat).
8. The Head, ONGC Ltd., Well Stimulation Services (WSS), WorkCentre, Ahmedabad.
All the above 08 units are headed by Page 5 of 9 Downloaded on : Sun Aug 22 00:24:44 IST 2021 C/SCA/13030/2020 ORDER '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."
8. The respondent no.3 also has filed an affidavit of Astha Bishnoi, Senior HR Executive wherein, para3 it is stated as under:
"3. At the outset, I state that the recognition of union in the respondent corporation is governed by "The Policy of Recognition to Union in ONGC (" the said policy" for short). I state that according to the provisions of the said policy the union which emerges as the majority union in a constituency shall be conferred recognition for two (2) years in line with the Code of Discipline. I state that the policy of the respondent corporation in its clause for period of recognition clearly provides that as agreed with the recognized unions, the status of recognition will be extended by a year and hence the verification exercise will be required to be conducted only after 3 years. The union is therefore, not correct in asserting that recognition granted under the last verification process would be valid only for a period of 2 years and that such period of 2 years would lapse in May, 2020. I humbly state that this Hon'ble Court vide its judgement dated 22.09.2017 delivered in SCA Nos. 12368 and 16398 of 2016 has directed respondent nos. 1 & 2 (respondent nos. 2 & 3 in the said petitions) to hold verification process of membership of the union for entire Western Region in ONGC Ltd. through secret ballot pursuant to which verification process were held in the year 2018 and so far as Ahmedabad Asset of Page 6 of 9 Downloaded on : Sun Aug 22 00:24:44 IST 2021 C/SCA/13030/2020 ORDER the respondent corporation is concerned recognition was conferred upon Petroleum Employees Union vide letter dated 4.5.2018 (@pg.44) pursuant to letter dated 3.5.2018 received from Government of India, Ministry of Labour and Employment. Now therefore the next verification process is due on or before 3.5.2021. I humbly, state that respondent nos. 1 & 2 are the nodal agencies designated by the Ministry of Labour and Employment to conduct and supervise verification process and the respondent corporation is ready and willing to offer the necessary assistance and infrastructure required by nodal agencies to undertake such process. The respondent corporation would abide by the instructions issued by the nodal agencies during the process of verification."
9. Since the stand of the respondent nos. 1, 2 and 3 is broadly reflected in the above referred paragraphs in their respective affidavits, learned Standing Counsel Mr. Parth Divyeshvar for the respondent nos. 1 and 2 and learned advocate Mr. Kunan B. Naik for the respondent no.3 reiterate the stand taken by their respective clients through their respective affidavits 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, appropriate order may be passed.
10. Learned advocate Mr. Naik submits that since the earlier petition was confined only in Page 7 of 9 Downloaded on : Sun Aug 22 00:24:44 IST 2021 C/SCA/13030/2020 ORDER respect of Ahmedabad Asset, reliance on which is placed by the learned advocate Mr. Clerk, this order also may be passed only in respect of Ahmedabad Asset.
11. Learned advocate Mr. Clerk draws 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 Mr. Clerk submits that as per the order dated 22.09.2017, 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 No. 1 & 2 respectively are directed to initiate the process of verification of membership of the Union operating in ONGC Ltd., Ahmedabad Asset only through secrete ballot. It is further directed that the said process would be on the same line, as was lastly done in the year 2017.Page 8 of 9 Downloaded on : Sun Aug 22 00:24:44 IST 2021 C/SCA/13030/2020 ORDER 12.2. It is directed to respondents No. 1
& 2 that the above process shall be initiated within a period of two weeks from the date of receipt of this order and shall be concluded, preferably within a period of four months from the date of initiation of such process.
12.3. It is directed that the entire process be initiated in the same manner, as it was done in the year 20172018.
12.4. The liberty is reserved to the parties, to move this Court, in case of any difficulty.
In view of aforesaid directions, the petition stands allowed to the aforesaid extent.
Rule is made absolute to the aforesaid extent. No order as to costs.
(NIRZAR S. DESAI,J) Pradhyuman Page 9 of 9 Downloaded on : Sun Aug 22 00:24:44 IST 2021