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THE HIGH COURT OF MADHYA PRADESH

W.A. No.851/2012

JABALPUR
17.01.2019

Shri Rajendra Tiwari, Shri Naman Nagrath and

Shri S. K. Rao, learned Senior Counsel with Shri Jubin
Prasad, Shri Uma Shankar Rawat and Shri T. K.
Khadka for the appellants.
Smt. Indira Nair, learned Senior Counsel with Ms.
Shikha Sharma for the respondent Management.
Shri Vikram Singh learned counsel for the
respondent Union of India.
Shri S. D. Thakur and Shri K. C. Ghildiyal learned
counsel for the respondent no.5.
Heard.
This order shall govern the disposal of W.P
No.316/2018 as the issue involved in both these
cases is identical.
This writ appeal has been filed by the appellants
being aggrieved by order dated 19.6.2012 passed in
W.P Nos.9002/2010 (S) and 860/2012(S), whereby the
learned Single Judge has dismissed the petitions filed
by the petitioners/appellants praying for a direction
to conduct the proceedings for recognition of the
Union through secret ballot and for directing the
respondent Management not to treat the respondent
no.5 as the recognized Union.
The appeal has been filed by the appellants in
the backdrop of the fact that the respondent no.5 had
previously been recognized through the process of
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THE HIGH COURT OF MADHYA PRADESH
W.A. No.851/2012

secret ballot in the year 2004 and thereafter in the

year 2008 through the check of system. The
appellants or some of them had assailed the 2008
proceedings for recognition before this Court by filing
W.P Nos.4415/2008 and 631/2008 which was
ultimately disposed of by this Court and subsequently
the order passed in W.P No.631/2008 was modified by
this Court in MCC No.460/2008 by deleting the words
“through secret ballot” mentioned therein as well as
by issuing a direction for quashing all steps, if any,
taken by the authorities by adopting the secret ballot
system.
The learned Single Judge, after taking all the
aspects into consideration including the code of
discipline as well as the decision of the Supreme
Court rendered in the case of Food Corporation of
India Staff Union vs. Food Corporation of India
and others, 1995 Supp (1) SCC 678 as well as the
Full Bench decision of the Bombay High Court in the
case of Air India Employees’ Guild vs. Air India
Limited, 2007 (2) LLJ 217, has rejected the prayer
made by the petitioners/appellants for taking up
proceedings for recognition by adopting the secret
ballot system.
The learned Single Judge has also dismissed the
prayer of the petitioners/appellants to the effect that
the Management should not negotiate with the
respondent no.5 Union.
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THE HIGH COURT OF MADHYA PRADESH
W.A. No.851/2012

We have extensively heard the learned Senior

Counsels for the parties. Having done so and having
taken into consideration the previous litigation
between the parties including dismissal of W.P
No.4415/2008, wherein similar prayer has been made
by the appellants and some others, we do not find
any reason to interfere with or modify the order
passed by the learned Single Judge rejecting the
prayer of the petitioners/appellants praying for a
direction to take recourse to the secret ballot system
for recognition.
We, however, cannot ignore the fact that status-
quo in respect of the dispute between the parties is
continuing as it is, as well as the fact that the
authorities have not undertaken the process of
verification and recognition since the last 10 years
and such a situation definitely cannot be said to be in
the interest of Industrial or Labour relations.
At this stage, looking to the long lapse of time
between 2008 and 2018, we asked the learned Senior
Counsel for the respondent Management as to
whether they were and are consistently negotiating
with the respondent no.5 Union.
The learned Senior Counsel for respondent
Management submits that as on date, looking to the
serious dispute between the parties, the
Management is not negotiating with any of the
representative or recognized Unions.
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W.A. No.851/2012

In such circumstances, while we do not find any

reason to interfere with the order passed by the
learned Single Judge, at the same time, taking note of
the statement made by the learned Senior Counsel
for the respondent Management regarding not
negotiating with any representative of the Unions as
on date and keeping in mind the object and purpose
of the provisions governing Industrial Relations and
Disputes, we dispose of the present appeal with a
direction to the respondent nos.2 & 3; Chief Labour
Commissioner, Ministry of Labour and Employment,
New Delhi and Regional Labour Commissioner,
Central, Nagpur to immediately take up proceedings
for supervising the process of registration and
verification of membership and for recognition of the
Union and to complete the same within three months
strictly in accordance with the Code of Discipline
prevailing in the establishment.
For this purpose, necessary steps shall be
immediately initiated by the respondent nos.2 & 3.
The members of the Union shall also be permitted to
take all steps for registration of membership which
exercise shall be completed within a period of one
month. In case the Unions have any difficulty in that
regard, they shall approach the respondent nos.2 & 3
who shall thereafter see that the process of
registration and verification of membership is carried
out in accordance with law as early as possible and,
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W.A. No.851/2012

thereafter the process of recognition of a

representative Union shall be completed within the
time frame fixed by this Court.
As undertaken by the learned Senior Counsel for
the respondent Management, in the meantime, for
the intervening period, they shall continue with their
practice of not negotiating with any of the
representative Unions till the exercise of recognition
of the Union and registration and verification of the
membership is completed by the respondent nos.2 &
3.
With the aforesaid direction, the appeal filed by
the petitioners stand disposed of.
A copy of this order be placed in the record of
W.P No.316/2018.
C.C as per rules.

( R. S. JHA ) ( SANJAY DWIVEDI )

JUDGE JUDGE

mms/-

Digitally signed by MONSI M

SIMON
Date: 2019.01.22 11:59:25 +05'30'