PORT AND DOCK LABOUR AFFILIATED TO BHARATHIYA MAZDOOR SANGH Vs. UNION OF INDIA REP BY ITS SECRETARY MINISTRY OF SHIPPING

JUDGEMENT

(1.) The petitioner is a Trade Union affiliated to the Bharthiya Mazdoor Sangh (BMS) an India Federation. In the present writ petition the petitioner seeks for a direction to consider their representation dated December 22, 2010 and declare that the petitioner Union is a recognized Union and also to confer all the statutory benefits as are extended to other Unions as per the letter of the Union of India dated May 17, 2007. When the matter came up on January 21, 2011, the counsel for the petitioner, was directed to serve papers on the Standing counsel for the 2nd respondent. Accordingly papers were served on Mr. R. Karthikeyan, learned counsel for the Chennai Port Trust.

(2.) On notice, the 2nd respondent had filed a counter affidavit dated March 15, 2011. The petitioner today filed a rejoinder dated March 29, 2011.

(3.) The case of the petitioner as revealed from, the affidavit is that the Government of India had issued circulars from time to time for grant of recognition to various Trade Unions constituted in the Port Trust and other Public Sector Undertakings. In view of one such circular issued by the Ministry of Shipping and Road Transport, Department of Shipping dated May 17, 2007, the 2nd respondent had addressed that since various Unions are seeking recognition pointing out that there are similar unions which have been granted recognition and therefore, pending finalization of a recognition policy, the Chennai Port Trust was directed to consider the grant of recognition to; first major 7 Unions in the Chennai Port Trust and after conferring recognition to grant appropriate benefits attached to he said conferment or recognition. Therefore, it is the case of the petitioner Union that they are having a membership of 124 workers as per the check-off System, whereas Unions like Port, Dock and Water Front Workers Federation of India and Madras Harbour Workers Union affiliated to AITUC & WFTU are having smaller membership.