- (1.) THE facts which are very simple, but unfortunately have given rise to lot of passion in this case, are as under : The Tamil Nadu Electricity Board Accounts Subordinates Union was registered under the provisions of the Trade Unions Act of 1926 (hereinafter referred to as the Act) in the year 1958. The Tamil Nadu Electricity Board represented by its Secretary (respondent) accepted the Code of Discipline by its letter dated 26-10-1965 stating that the Madras State Electricity Board has decided to accept the Code of Discipline in principle. It may be mentioned that the Code of Discipline itself was evolved at the Indian Labour Conference held in Nainital in May, 1958. That came into force on 1st June, 1958. Topic 5 deals with the recognition of unions, as the provisions in regard to recognition of unions under the Trade Unions Act were not brought into force. One of the pertinent clauses which requires to be noted is only unions which observed the Code of Discipline would be entitled to recognition. By the respondent Board's Proceedings bearing No. 2822 dated 31-121963 the respondent issued rules for the recognition of industrial employees of the Board; but the issue of the rules and their implementation were specifically stated to be without prejudice to the question of acceptance or otherwise of the Code of Discipline in the industry, which Code of Discipline was accepted with effect from 2610-1965.
(2.) THERE were rival claims for recognition between the petitioner-union and the Tamil Nadu Electricity Workers Federation in regard to clerical employees. The matter was referred to the Commissioner of Labour as the State Evaluation and Implementation Officer. He was requested by the respondent for verification of the membership of the petitioner-union and the Federation. He was further requested to intimate the result thereof to the respondent in order to enable it to accord recognition to the majority union for clerical staff. After verification, the Commissioner of Labour intimated to the respondent that the petitioner-union represented the majority of ministerial staff, excluding peons, bill collectors and store-keepers and he recommended to the Board to accord recognition to the petitioner-union in the above terms. Even before this, by Board's Proceedings Ms. No. 1985 dated 25th September, 1967, it was ordered : "the Madras State Electricity Board accords recognition under the Code of Discipline in Industry to the Tamil Nadu Electricity Workers' Federation (Registered No. 2970) in respect of workmen other than clerical and last grade employees ". However, after the receipt of the report from the Commissioner of Labour, in Board's Proceedings No. 1238 dated 30th July, 1969, it was ordered thus : "in the B. P. first cited, the Board accorded recognition under the Code of Discipline in Industry to the Tamil Nadu Electricity Workers' Federation (Regd. No. 2970) in respect of workmen other than clerical and last grade employees. As regards the clerical employees, on account of the conflicting claims of the Tamil Nadu Electricity Board Accounts Subordinates Union and of the Tamil Nadu Electricity Workers' Federation each claiming to represent a majority of the clerical employees and on account of the claim of the Federation that under the Code of Discipline, no recognition could be given to categorywise unions, the Board in its letter second cited, referred the matter to the Commissioner of Labour, at the State Evaluation and Implementation Officer and requested him to arrange for the verification of the membership of the Tamil Nadu Electricity Board Accounts Subordinate Union and of Tamil Nadu Electricity Workers' Federation and to intimate the results of the verification to the Board in order to enable it to accord recognition to the majority Union for Clerical Staff. (2) The Commissioner of Labour, Madras in his letter dated 3rd cited, has intimated that the State Evaluation and Implementation Committee decided at its meeting held on 15-7-1969 that the Tamil Nadu Electricity Board Accounts Subordinates Union, Coimbatore be recommended to the Tamil Nadu Electricity Board for recognition under the Code of Discipline in respect of Ministerial Staff excluding peons, bill collectors and store keepers. He has also further requested the Board to accord recognition to the above unions in terms of the conclusions of the aforesaid Committee and intimate to him the action taken. (3) The Tamil Nadu Electricity Board accepts the recommendations of the Commissioner of Labour, Madras and hereby accords recognition under Code of Discipline in Industry to the Tamil Nadu Electricity Board Accounts Subordinates Union, Coimbatore (Regd. No. 2472) in respect of the Ministerial Staff excluding peons, bill collectors and store-keepers. "
(3.) AFTER such recognition, the petitioner-union entered into various settlements on behalf of the clerical and accounts employees. The petitioner-union has also been granted facilities like rent free accommodation, right to negotiate on behalf of the clerical and accounts staff and other facilities as provided for in the Code of Discipline in Industry. The name of the petitioner was changed from Tamil Nadu Electricity Subordinates Union into Tamil Nadu Electricity Board Accounts and Executive Staff Union. Originally the membership was open to all workmen in the management who were engaged in clerical, accounting and other work. This coverage was extended to the employees of the respondent who fell within the definition of workmen under S. 2 (i) of the Industrial Employment (Standing Orders) Act. This amendment and the extension of coverage were intimated to the respondent by the letter of the petitioner-union dated 7-6-1979 and the respondent was requested to accord recognition to include the present name of the petitioner. It may be mentioned in this stage that the register number of the union was not changed. It was mentioned that the petitioner-union had majority of the clerical workmen on its rolls. It was further pointed out that the Federation to which recognition was granted when it was a Federation of Registered Unions had amended its constitution subsequent to the order of recognition and converted itself into a single registered union having direct membership; but no review of recognition granted to Federation was made by the respondent even though it was made aware of the changes in the constitution of the Federation. The respondent by its proceedings dated 30th June, 1979, ordered as follows : "you have informed in the letter cited that you have changed the name, composition and area of operation of your union. (2) Your union has been recognised only in respect of clerical workmen ex-cluding stores staff, Office helper and cashiers in B. P. M. No. 1238 dated 30-7-1969. (3) Since the recognition granted to you is specifically for clerical, workmen, that recognition cannot be extended to your union when the composition has been changed extending the coverage. (4) Therefore, if you change the name and coverage as proposed by you, the Board is advised that recognition accorded to the Tamil Nadu Electricity Board Accounts Subordinates Union in B. P. Ms. No. 1238, dated 30-7-1969, will have to be withdrawn. ";