N.L.C. Labour And Staff Union v. The Management Of Neyveli
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2015
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.15971, 16601 & 16802 of 2001 W.P.No.15971 of 2001:
N.L.C. Labour and Staff Union (CITU) (Regd.No.1803) rep. by its General Secretary I.Sangilipandian Block No.24, Neyveli 607 801 Lignite Corporation rep. by its
3. The Regional Commissioner The Employees Provident Fund (Tamil Nadu) Chennai-14
4. NLC Workers Progressive Union (R4 impleaded as per order dated 25.9.02 in W.P.M.P.No.34338 of 2002) for the issue of a Writ of Mandamus, to direct the respondents to elect the representatives of the employees on the Board of Management of the second respondent Trust as per its Rules and the terms of exemption under Section 17 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.
Mr.V.Govardhanan for M/s Row & Reddy Mr.V.Vibhishanan for R3 Mrs.A.V.Bharathi for R4 W.P.No.16601 of 2001:
P.Arul Lignite Corporation rep.by its
3. Government of India rep.by its Secretary Labour Department Shram Sakthi Bhavan New Delhi
4. The Regional Commissioner The Employees Provident Fund (Tamil Nadu) Chennai-14
5. NLC Workers Progressive Union (R5 impleaded as per order dated 25.9.02 in W.P.M.P.No.34315 of 2002) for the issue of a Writ of Declaration, declaring that the action of the first respondent Management in choosing the Employees representatives by nomination from the recognised Trade Union in pursuance to the amendment to para 79-C of the EPF Scheme w.e.f. 9.7.92 which itself is illegal, unconstitutional and in violation of Article 14 of the Constitution of India as illegal, unconstitutional
and amounting to unfair labour practice and for consequently directing the respondents to elect the representatives of the employees on the Board of Management of the second respondent Trust as per the terms of the judgment dated 20.09.1989 of a Division Bench of this Hon'ble Court in Writ Petition No.10538 of 1982 read with Section 17 and para 79-C of the EPF Act.
Mr.V.Govardhanan for M/s Row & Reddy Mr.V.Kadhirvelu Central Government Counsel for R3 Mr.V.Vibhishanan for R4 Mrs.A.V.Bharathi for R5 W.P.No.16802 of 2001:
N.Somasundaram Lignite Corporation Ltd., rep.by its Neyveli-1, Cuddalore District Neyveli, Cuddalore District
3. The Regional Commissioner The Employees Provident Fund Tamil Nadu & Pondicherry Chennai 600 014
4. NLC Workers Progressive Union (R4 impleaded as per order dated 25.9.02 in W.P.M.P.No.34312 of 2002)
for the issue of a Writ of Mandamus, directing the respondents to conduct a secret ballot in order to elect the four employees representatives to the Neyveli Lignite Corporation Employees Provident Fund Trust.
No appearance Mr.V.Vibhishanan for R3 Mrs.A.V.Bharathi for R4
ORDER
W.P.No.15971 of 2001 has been filed by N.L.C. Labour and Staff Union represented by its General Secretary seeking a writ of mandamus, to direct the respondents to elect the representatives of the employees on the Board of Management of the second respondent Trust as per its Rules and the terms of exemption under Section 17 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.
2. W.P.No.16601 of 2001 has been filed by Mr.P.Arul seeking a writ of declaration, to declare that the action of the first respondent Management in choosing the Employees representatives by nomination from the recognised Trade Union in pursuance to the amendment to para 79-C of the EPF Scheme with effect from 9.7.92 is illegal, unconstitutional and in violation of Article 14 of the Constitution of India, which is also amounting to unfair labour practice and for a consequential direction to the respondents to elect the representatives of the employees on the Board of Management of the second respondent Trust as per the terms of the judgment dated 20.09.1989 of a Division Bench of this Court in Writ Petition No.10538 of 1982 read with Section 17 and para 79-C of the Employees Provident Fund and Miscellaneous Provisions Act.
3. W.P.No.16802 of 2001 has been filed by Mr.N.Somasundaram seeking a writ of mandamus, to direct the respondents to conduct a secret ballot in order to elect the four employees representatives to the Neyveli Lignite Corporation Employees Provident Fund Trust.
4. Opposing the above prayers, the learned counsel appearing for the Management of Neyveli Lignite Corporation Limited, drawing the attention of this Court to paragraph-6 of the counter affidavits, submitted that nothing survives in the writ petitions, since some of the unions filed writ petitions, namely, W.P.Nos.2551 of 1999 etc., which came to be disposed of by this Court vide order dated 12.2.2001
by issuing a direction to the Regional Labour Commissioner to conduct the election by secret ballot within a period of one month and the said order also directed that the trade union getting majority in the election would be recognised by the management as the bargaining agent or negotiating trade union. Accordingly, an election by secret ballot took place on 19.3.2001 in which 15 trade unions including the petitioners herein participated and based on the election by secret ballot, the NLC Workers Progressive Union was certified by the Regional Labour Commissioner as the majority union. He has also further submitted that subsequently two more elections have also been conducted as per the directions of this Court. Therefore, when the elections by secret ballot had been conducted as per the directions given by this Court in W.P.Nos.2551 of 1999 etc., dated 12.2.2001, nothing survives in the writ petitions.
5. Recording the submission that the elections by secret ballot had been conducted as per the directions of this Court in W.P.Nos.2551 of 1999 etc., dated 12.2.2001 and based on the elections through secret ballot, the respondent-NLC Workers Progressive Union has been certified by the Regional Labour Commissioner as the majority union, these writ petitions are dismissed as infructuous. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ss To
1. The Chairman cum Managing Director Neyveli Lignite Corporation Limited
2. The President Neyveli Lignite Corporation
3. The Secretary to Government of India Labour Department Shram Sakthi Bhavan New Delhi
4. The Regional Commissioner The Employees Provident Fund (TN & Pondicherry) No.20, Royapettah High Road Chennai 600 014.
3 cc to Mr.N.A.K.Sarma ,Advocate, SR.No.10281, 10282, 10274/2015 2 cc to M/s Row & Reddy ,Advocate, SR.No.10381, 10380/15 1 cc to Mr.V.Kandhirvel ,Advocate, SR.No.10083/15 1 cc to Mr.V.Vibhishanan ,Advocate, SR.No.10079/15 1 cc to Mrs.A.V.Bharathi ,Advocate, SR.No.10048/15 W.P.Nos.15971 of 2001 W.P.NO.16601/01 AND W.P.NO.16802/01.
ak(co) pmk.31.3.2015