Madras High Court
Transport & Dock Workers Union vs Union Of India on 4 November, 2016
Author: N.Kirubakaran
Bench: N.Kirubakaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.11.2016 CORAM: THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P. No.21158 of 2016 and WMP Nos.18093 to 18095 and 29534 of 2016 Transport & Dock Workers Union (regd.No.3171/1961) Rep. by General Secretary, 193 B, Railway Colony, Gandhi Irwin Road, Egmore, Chennai 600 008. ... Petitioner Vs. 1.Union of India, rep. by Secretary Ministry of Shipping, Transport Bhavan, New Delhi. 2.The Chairman, Chennai Port Trust, Rajaji Salai, Chennai. ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India for issue of writ of certiorarified mandamus calling for the records of the 2nd respondent dt.16.10.2015 in letter No.IR2/7911/2014/GA, quash the same and consequently direct the 2nd respondent to first conduct the Check Off/Authorisation process for the year 2016 and then conduct the Check Off for 2017 and appoint the Labour Trustees based on the 2017 Check Off results. For Petitioner : Mr.R.Muthukumarasamy Senior Counsel for M/s.A.Jenasenan For R1 : No appearance For R2 : Mr.M.Palanimuthu O R D E R
The petitioner is the union which has challenged the circular issued by the Port Trust dated 16.10.2015 by which the Check Off facility to the recognised unions are accorded to the major unions which is extended for a period of two years instead of one year.
2. The petitioner union is one of the 17 unions and it is stated to be the 5th top unions functioning in the Madras Port Trust. For the recognised major unions, check off facility (authorisation process) is being accorded. Based on the number of workers who has chosen the unions, seven major unions would be recognised by the Madaras Port Trust and they would be given the check off facilities. Originally, the check off facility was only for a period of one year and every year the workmen has to choose seven major unions. Based on the old circular, the check off (authorisation) process was conducted on 31.10.2014 by which the check off facility was made available for one year for the seven major unions.
3. When things stand so, the Ministry of Shipping and Transport, Government of India, issued a circular dated 08.12.2014 re-examining the process of check off. The said circular contemplates recognition of unions according to which check off facility is extended from one year to two years. The check off (authorisation) process for the year 2015 was held in October 2014 whereas the 2nd respondent had not issued the necessary circular / communication for conducting check off (authorisation) process for the year 2015 which expired in October 2015. The new circular issued by the 1st respondent would hold the field only after conducting check off for the year 2015 so that the major unions could be identified to have the facility for a period of two years. Without conducting the check off (authorisation) process for the year 2015, the existing unions were allowed to enjoy the facility for two years without even undergoing the process. Therefore, the petitioner has approached this court.
4. Heard Mr.R.Muthukumarasamy, learned Senior Counsel appearing for the petitioner and Mr.M.Palanimuthu, learned counsel appearing for the second respondent.
5. To avail the benefit under check off system, every year check off (authorisation) process would be conducted by which seven major unions are identified by the workers and the said benefit would be made available for a period of one year as per the old procedure. Accordingly, the check off process was conducted during October 2014 for the period ending 31.10.2015. Subsequently, on 08.12.2014, new procedures have been prescribed for recognition of labour unions for check off system. As per the said circular dated 08.12.2014, recognition to seven major unions have to be accorded for a period of two years. Once the said circular comes into operation, it is the duty of the Port Trust to conduct the check off (authorisation) process by which seven major unions could be identified for availing the check off facility. Even though the last check off (authorisation) process was conducted on 31.10.2014 for the period ending 31.10.2015, no authorisation process was conducted for the year 2015 for the period ending with 31.10.2016. Without conducting the process, those unions who were identified by the workers in the year 2014 were allowed to enjoy the facilities for two years. Once circular dated 08.12.2014 comes into effect, the new procedure alone has to be followed.
6. Taking advantage of the new circular, the existing unions cannot be allowed to enjoy the benefits for two years, without conducting the process. Even without undergoing the process, the seven major unions are already enjoying the check off (authorisation) facilities from the year 2014 to 2016. In any event, the two year period ends on 31.10.2016. Therefore, following the new circular issued by the Government of India on 08.12.2014, the Madras Port Trust is directed to issue necessary circular/communication between 15.11.2016 to 30.11.2016 for conducting the check off (authorisation) process for the year the 2017 and 2018, following the guidelines contemplated in the new circular for check off system, by which seven major unions would be chosen by the workers and the check off facilities would be made available to those unions for a period of two years, i.e. 2017 to 2018.
7. The writ petition is disposed of with the above direction. No costs. Consequently, connected W.M.Ps are closed.
04.11.2016 Index : Yes/No rgr Note: Issue order copy by 09.11.2016 To
1.The Secretary, Union of India, Ministry of Shipping, Transport Bhavan, New Delhi.
2.The Chairman, Chennai Port Trust, Rajaji Salai, Chennai.
N.KIRUBAKARAN, J.
rgr W.P. No.21158 of 2016 04.11.2016 http://www.judis.nic.in