which union did enjoy the majority support, either by adopting
the check off system or through an election. To support his contention Mr.
Bhattacharya relied ... support of majority of the
workmen could be ascertained either through check off system or through an
election. The Apex Court considered such issue
capacity of the service association, operating in the Government Departments, check-off system in pay rolls at such intervals and in such a manner ... character of the unions concerned and further contended that the check off system has lost its appeal and so the secret ballot system is found
Federation and Anr. 1999(1) 645 in the matter of check off facility. The Supreme Court was pleased to observed as under :
Pay Roll Check ... Management of K.S.R.T.C. (supra), the provisions for check off facility was based on individual members giving authorisations to the Management
salary of the workers/members as union
subscription through "Check Off Form". The authorization of deduction of
subscription so made was valid ... fraudulently cheated the members of the union by
amending the "Check Off Form" Form 8 of the Tripartite Agreement dated
29.11.1973 without adopting
salary of the workers/members as union
subscription through "Check Off Form". The authorization of deduction of
subscription so made was valid ... fraudulently cheated the members of the union by
amending the "Check Off Form" Form 8 of the Tripartite Agreement dated
29.11.1973 without adopting
down fresh terms of settlement on the
question of the payroll check-off facility saw
the light of day, the binding effect ... settlement on the
question of grant of the payroll check-off
facility was substituted by the parties, the
legally binding effects of the earlier settlement
been a matter of discussion and some dispute. The 'check off
system' which once prevailed in this domain has lost its appeals
employees and had got the
benefit of the payroll check-off facility under the
settlement of 28-7-1988...."
In a land acquisition matter
consent earlier. That system carried a popular nomenclature of Pay Roll Check-off Faculty. The recognized Union submitted a charter of demands of various disputed ... Corporation issued a circular dated 21.9.1993 withdrawing the Pay Roll Check-off Facility. That order was challenged by the Corporation by filing a Writ Petition
Narang Hotels And Resorts Pvt. Ltd. vs State Of Maharashtra And Ors. on 9 October