CLW LABOUR UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) "Anglo-American tradition has generally been sceptical of, or downright hostile to, workers' participation in management. Despite the very considerable legal and social differences that exist between the various common-law countries with respect to the status of organized labour, they are all strongly imbued with the tradition of organized labour facing the employers as the opposite party in collective bargaining. This means that the functions of management representing the shareholders - and of the unions - representing organized labour - are kept separate". W. Friedmann - Law in a Changing Society (2nd Edn., 4th Indian reprint, 2008) p. 344.

(2.) By this writ petition, the petitioners have, inter alia, prayed for a writ in the nature of mandamus commanding the respondents to grant recognition to the petitioner no. 1 for operating as a recognised Trade Union at Chittaranjan Locomotive Works and to allow them to participate in bargaining and/or joint negotiation with the management.

(3.) The petitioner no. 1 i.e., CLW Labour Union (the Union, for short) is a registered Trade Union and has been functioning as a bargaining agent throughout the India; but it is not allowed to participate in bargaining with the management at Chittaranjan Locomotive Works (CLW, for short), i.e., the respondent no. According to them, the Union represents 62 per cent of the employees at CLW.