'A fundamental right': HC gives nod for secret ballot at ICF for recognition of DMK's union
The bench also held that the system of secret ballot for recognition of trade union would be more apt and conducive for redressal of the grievances of ICF workmen.
Madras High Court
CHENNAI: Noting that forming an association or trade union is a fundamental right, the Madras High Court set aside more than a decade-old order refusing to recognise DMK's labour union at Integral Coach System (ICF), Perambur and allowed to conduct a secret ballot system for recognising the trade union.
Forming a trade union is for the purpose of bargaining power to the workers to effectively put forth their grievances, held a division bench of Justice MS Ramesh and Justice C Kumarappan.
The bench also held that the system of secret ballot for recognition of trade union would be more apt and conducive for redressal of the grievances of ICF workmen.
The necessity to form unions is for voicing the demands and grievances of the labour and trade unionists who act as mouthpieces of the labour force, the court said. The strength of a trade union depends on its membership, therefore, trade unions with sufficient membership strength are able to bargain more effectively with the management, wrote the bench while allowing a batch of petitions seeking a secret ballot system.
The bench also directed the Union government and the general manager of ICF, Perambur to formulate modalities for holding a secret voting for recognition of trade unions in the and consequently elections and permit the representatives of such elected trade unions for negotiations, within three months.
ICF Mazdoor Sangh moved a petition seeking to conduct the election to recognise the trade unions with a secret ballot. It contended that the staff council constituted to put forth the grievances of trade unions is lacking proper representation of the workers and dominated by the management. Mazdoor Sangh sought the court's intervention to recognise their trade union by conducting a secret ballot election with the workers for effective representation to mete out workers’ grievances.
With a similar plea, DMK ICF Labour Union had moved a petition before the High Court in 2011. However, it was refused by a single judge holding that there is no law for providing recognition of trade unions in the State. Hence, the DMK labour union also moved the appeal against the order along with ICF Mazdoor Sangh.
After hearing the parties, the bench formed an opinion that forming a trade union is a fundamental right and allowed the secret ballot system.