The High Court of Madras dismissed a writ petition seeking recognition of a trade union under the Industrial Disputes Act. The court held that union recognition is not a statutory right and that the proper remedy for aggrieved parties after a union tenure expires is to conduct a fresh election.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.01.2021
CORAM :
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
W.P.No.7393 of 2020
and
W.M.P.No.8844 of 2020
M/s.Shasun Anna Paniyalar Sangam,
Reg No.2940 CNI / 163 / CDR,
Rep.by its Secretary Mr.G.Subramanian, Kudikaadu, SIPCOT, Cuddalore – 607 005.
... Petitioner Vs.
1.Assistant Commissioner of Labour, Dheepan Nagar, 1st Street, Semmandalam, Cuddalore – 607 001.
2.Solara Active Pharma Science Ltd., Formerly known as M/s Strides Shasun Limited, Rep.by its General Manager,
Kudikaadu, SIPCOT, Cuddalore – 607 005.
3.M/s.Shasun Thozhilaalar Vazhvurimai Sangam,
Rep.by its President,
Kudikaadu, SIPCOT, Cuddalore – 607 005. ... Respondents
PRAYER: The Writ Petition has been filed under Section 226 of the Constitution of India praying to grant Writ of Mandamus directing the 1st respondent to declare our sangam as recognized union to participate in the negotiations or entering into any settlements with 2nd respondent Management either under Section 13(1) or under Section 12(3) of Industrial Disputes Act regarding wages and other conditions of service along with the 3rd respondent.
For Petitioner : No appearance For Respondents: Mr.V.Kadhirvelu
Special Government Pleader for R1 Mr.S.Ravindran, Standing Counsel for M/s.S.Basheer Ahmed for R2 R3 – Not ready
This writ petition has been filed seeking a writ of mandamus directing the first respondent to declare the
petitioner Sangam as a recognized Union to participate in the negotiation or entering into any settlements with second respondent Management either under Section 13(1) or under Section 12(3) of Industrial Disputes Act along with the third respondent.
3.It is well settled that the recognition of Union is not statutory. The petitioner cannot claim such a relief as a matter of right. Bearing in mind, the maintenance of industrial peace and harmony is important for development of the Country, Courts occasionally give a direction to the Commissioner of Labour to conduct elections and declare and recognize Unions. Therefore, the petitioner does not have any Statutory Right to maintain the above writ petition.
4.However, it is noted that the election was held on 14.06.2017 and tenure of elected recognized Union came to an end by 14.06.2019. If at all, the petitioner is aggrieved, can pursue his remedy in the direction of conducting fresh election and in such an event, the Commissioner of Labour, Labour Department, Government of Tamil Nadu, may take appropriate action.
5.Therefore, this petition does not merit any consideration and accordingly, writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
Pns
2.The Commissioner of Labour
Labour Department
Government of Tamil Nadu
Chennai.
+1 CC to The Government Pleader sr 2765.
+1 CC to Ms. Varalakshmi, Advocate sr 2084.
W.P.No.7393 of 2020
UM(CO)
SP(09/02/2021)
1 issue framed by the court
Whether a trade union has a statutory right to claim recognition in the absence of a fresh election.
3 provisions across 2 enactments
M/s. Shasun Anna Paniyalar Sangam
Assistant Commissioner of Labour
Solara Active Pharma Science Ltd.
M/s. Shasun Thozhilaalar Vazhvurimai Sangam
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
