- (1.) The petitioner by this writ petition seeks to obtain a direction, that letter dated 24.2.2006 (Annex.5), and circular dated 24.2.2006 (Annex.6), may be declared illegal and be set aside. The other prayer made is, that the respondents may be restrained from introducing Check Off System i.e. deduction of union membership subscription fees from employees salary, and that, they may be directed to continue with the earlier system of secret ballot, for deciding the majority of membership, for the purpose of recognition, to the Union.
(2.) The averments of the petitioner are, that the petitioner is a registered recognised trade union, having registration No.TU/BHL/3/88. It is alleged, that vide letter dated 13.5.2003, the Manager (P & IR) approved recognition to the petitioner in the Rajasthan Atomic Power Station 1 and 2, for a period of two years, as a result of recognition by secret ballot. The letter is produced as Annex.1 and Annex.1-A. It is alleged, that at Rajasthan Site of the Nuclear Power Corporation of India Ltd., there are three registered unions, being the petitioner, Rajasthan Atomic Power Sharmik Sangh (RAPSS) and third being, Rajasthan Anushakti Pariyojna Karamchari Sangh (RAPKS). According to the petitioner, the procedure of secret ballot is being followed for deciding majority of the membership, for the purpose of recognition, to function separately for Rajasthan Atomic Power Station Unit 1 and 2, 3 and 4, 5 and 6. It is then alleged, that the Regional Labour Commissioner, vide letter dated 27.5.2005 (Annex.2), informed the petitioner-union, that the Ministry of Labour has decided to collect preliminary particulars of the Management, and Unions operating in Rajasthan Atomic Power Project 1 to 6, for the purpose of verification of membership of the unions, operating in the project 1 to 6, through secret ballot, and the petitioner was directed to furnish certain information/ particulars. The petitioner accordingly submitted the documents, and to the petitioners knowledge, other unions also submitted the informations. The Regional Labour Commissioner then held a meeting, on 29.6.2005, regarding verification of membership, as informed vide letters Annex.3 and 4. Thus, the Regional Labour Commissioner has already started the process of verification of membership of the unions, and the unions furnished necessary documents. It is alleged, that the petitioner-union and other unions are in favour of recognition by secret ballot. It is then alleged, that the Additional General Manager (H R) of the respondent-company, vide letter dated 24.2.2006 informed, that the petitioners recognition has expired, therefore, the management intends to recognise the union, having majority of the members posted in the Rajasthan Site, and that, in line of the policy for recognition of only single union at Rajasthan Site, it has been decided to introduce the Check Off System, i.e. deduction of union membership subscription fees from the employees salary, as it would help in determining the identity of the union, having largest/ maximum membership strength, and on that basis, recognition is granted to one union out of the three, for the Site, for description/negotiations with the management, on employees welfare matters. It was also informed therein, that the petitioner and RAPKS have also agreed for single recognised union at the Rajasthan Site, for the purpose of negotiation and discussion. This letter has been produced as Annex.5 and is enclosed.
(3.) It is then alleged, that Additional General Manager (H R) also issued a circular dated 24.2.2006, about introduction of Check Off System, giving details and methods of the said system, i.e. deduction of union subscription fees on monthly basis, on the basis of written authority, given by the employee, and that amount shall be deposited every month, in the bank account of respective union. According to it, every employee, desiring to become member of any union, will have to fill up an authority letter for deduction, as per the choice of the individual employee for a particular union, and on the basis of such authority letter, it will be ascertained, as to which of the unions has the maximum membership, and the union having majority membership, shall be recognised. The forms are to be submitted positively by 20th March 2006. This letter is produced as Annex.6. According to the petitioner, immediately thereupon, the petitioner and RAPKS submitted their protest against introduction of Check Off System, and about the allegation of the union having agreed for single recognised union, and it was alleged, that the unions had only agreed for the process of recognition through secret ballot. However, the Check Off System was claimed to be wholly uncalled for, highly objectionable and unconstitutional. At the end of para-9 of the writ petition, containing this pleading, an addition has been made by hand as under: Now all the working three consern unions agreed for secret ballot verification.;