MOIL JANSHAKTI MAZDOOR SANGH Vs. MOIL KAMGAR SANGATHAN & ORS.
LAWS(SC)-2016-9-114
SUPREME COURT OF INDIA
Decided on September 29,2016

Moil Janshakti Mazdoor Sangh Appellant
VERSUS
Moil Kamgar Sangathan And Ors. Respondents

JUDGEMENT

- (1.) Leave granted in Special Leave Petition (civil) No.22766 of 2016.
(2.) The issue arising in the present appeals lie within a very short compass. It will therefore be hardly necessary to go into a detailed recitals of facts and circumstances leading to the institution of the writ petitions before the High Court. Suffice it will be to notice the core question arising, namely, whether in the State of Maharashtra verification of membership of trade unions is required to be done by the procedure of secret ballot.
(3.) In the order impugned in Civil Appeal No.6686 of 2015, the High Court, relying on a Full Bench decision in the case of Air India Employees Guild and another versus Air India Ltd. and others [2007 (1) Bom. CR 529], has held that the Government of India letter dated 1st June, 2010 containing the decision to conduct verification of membership of trade unions by secret ballot would not apply in view of the fact that the same would be derogatory to the code of discipline. In this regard, what must be noticed is that in the State of Maharashtra there is specific statute, i.e. Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 which, inter alia, governs the procedure for verification of membership of unions. This being an admitted fact, it is the procedure prescribed under the said statute which must govern the field. The order of the High Court, therefore, to the extent that the same applies to the State of Maharashtra would not call for any interference. We however clarify that the issue with regard to other States is left open for decision. Civil Appeal No.6786 of 2015 is disposed of accordingly with the aforesaid modification.;


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