HC directs secret ballot to verify trade union membership in MCL

In an order that could impact entire Coal India Limited (CIL), a two-judge bench of Orissa High Court has directed the Central chief labour commissioner to verify the membership claims of working trade unions in Mahanadi Coalfield Limited, a subsidiary of CIL through secret ballot.

Allowing the writ petition filed by the secretary of Mahanadi Koyla Mazdoor Congress, Ramesh Tripathy, the chief justice V. Gopal Goud and B.N Mahapatra passed this order with a view to find out the representative character of trade unions.

The court asked the Central chief labour commissioner to conduct the secret ballot within four weeks after notifying to the major trade unions and the management. The verification of the membership of trade unions may be communicated to the employer for the purpose of granting recognition to the trade unions, it said.

Earlier Tripathy prayed the court to direct Central labour commissioner to conduct secret ballot in MCL to ascertain the membership verification of the working trade unions so that the management accorded recognition to the majority trade union.

Without granting the second prayer the court however observed that after the secret ballot, employer shall take appropriate steps to recognize a trade union which will have highest number of membership in the election.

So far there is no practice in CIL or its subsidiary Mahanadi Coalfield Limited to ascertain the membership of trade unions through secret ballot. There are about 5 lakh coal workers in CIL and 22000 workers in MCL.

According to official sources, there are four recognized trade unions operating in MCL. These are INTUC, BMS, HMS and AITUC.

Another central trade union CITU though is recognized at CIL level has no presence in MCL.

Welcoming the court verdict, Tripathy said this will put an end to the long sufferings and exploitation of thousands of coal workers by some trade unions. It is a victory for all the MCL workers, he said.