HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 2619 of 2004 DATED: 09.02.2010 Between: Petroleum Employees Union .. Petitioner And The Govt. of India and three others .. Respondents O R D E R:- The assertion of the petitioner-Petroleum Employees Union, represented by the Deputy General Secretary, is that the Southern Region of Oil & Natural Gas Corporation (for short “O.N.G.C.”) was started in 1977 for exploration and production of oil and gas in southern part of India with the Regional Office at Chennai. It has got two projects, namely Kaveri Project in Pondicherry/Tamilnadu and Krishna-Godavari Project in Rajahmundry. The total strength of the workmen working in the southern region of ONGC including Krishna- Godavari and Kaveri Projects is 1419 in October, 2002, out of which, 609 workmen are working in Krishna-Godavari Basin, and out of them, 595 employees are members of the petitioner-Union. All the employees working in Kaveri Project are the members of the petitioner-union. In Regional Office, out of 336 employees, about 329 are members of the petitioner-union. Only 7 employees are members of the other Union. 3 employees are under suspension from whom the subscription is not recovered. 10 employees have not given option to the petitioner-Union. It is stated that in O.N.G.C., check-off system is being operated under which every employee is given an option form to nominate Union to which he wants to become a member, whereupon, the monthly subscription payable to the Union would be deducted from the salary and credited to the Trade Union concerned. Thus, the petitioner-union is enjoying more than 90% of membership in Krishna- Godavari Project. According to the petitioner-union, the Southern Region is treated as one unit for the purpose of administrative convenience and the petitioner-union is recognized as a sole bargaining agent of the employees working in the region. While so, the Regional Labour Commissioner (Central) addressed a letter dated 23.10.2002 that he would be visiting ONGC, KG project, Rajahmundry on 07.11.2002 and 08.11.2002 to examine the feasibility of conducting verification of membership of the Union operating in the Establishment. On 07.11.2002, the petitioner-union submitted a representation that the entire southern region is treated as one unit for the purpose of negotiations as collective bargaining agent and that it is having membership of 1419 employees, but conducting verification only for K.G. Project is not justified and there is no necessity. It is also stated that 99% of the total strength of the employees are paying monthly subscription to the petitioner-Union through check-off system and their proving the strength of the Union does not arise. While so, the Regional Labour Commissioner, vide letter dated 11.06.2003, communicated that the Government of India decided to undertake verification of the membership of the Union operating in the establishment of ONGC K.G. Project, Rajahmundry with a view to identifying representatives of the Unions through Secret Ballot and requested the Additional Executive Director and Asset Manager to furnish certain information, and the same was marked to the petitioner- Union by ONGC, vide letter dated 18.6.2003, for which the petitioner protested as the question of sole bargaining power does not arise since the check-off system is prevailing in the industry and also such verification cannot be done only for the K.G. Project without any basis from the employer to conduct verification project-wise. Now, the petitioner’s grievance is that even though the petitioner-Union raised objection to holding secret ballot elections in view of the prevalence of check-off system, the Regional Labour Commissioner, vide Minutes of Meeting conducted on 28.01.2004, decided to hold the elections through secret ballot for verification of the membership of the Union operating only in K.G. Project, Rajahmundry. Hence, the petitioner- Union filed the present writ petition seeking appropriate directions. The 4th respondent-Bharatiya ONGC Employees Union has filed counter affidavit inter alia denying the averments made in the affidavit filed in support of the writ petition and stated that the Southern Region is not the unit. KG Basin, Rajahmundry Asset is treated as union, and even the petitioner submitted its consent for treating KG. Basin, Rajahmundry as one of the units for the purpose of membership and elections to the Union, etc. The 4th respondent-union also made a representation dated 07.11.2002 to the 1st respondent to conduct secret ballot elections. Accordingly, the 1st respondent, vide proceedings dated 28.01.2004, declared the schedule of elections for conducting verification of membership of the Unions operating in ONGC KG project, Rajahmundry through secret ballot to decide the majority of the Unions, and the 4th respondent-union and the 2nd and 3rd respondents gave their consent for the same. The 1st respondent sent a letter, dated 11.06.2003 to both the 3rd respondent and the petitioner-Union to furnish information. The 3rd respondent-management furnished information and the 2nd respondent-O.N.G.C. issued a fax message to the 3rd respondent favouring the petitioner-union’s contention that the entire southern region has to be treated as one asset and KG Basin, Rajahmundry Asset is not a separate Asset. It is further stated in the counter that all the workers including the workers working at KG Basin, Rajahmundry Asset are governed by the rules and regulations framed and incorporated in H.R. Manual of the 2nd respondent-Corporation. To that effect, every employee gave his acceptance to the terms of the appointment. Under Chapter 29 of the Policy, recognition of Unions is enumerated, wherein at Clause 29.2.1(b), if a union secures 50% votes polled in a project/unit, such union will be conferred recognition by ONGC as local union to represent employees of the project. It is further stated that as per Clause 29.2.2, the relative strength of the union at Regional Project and unit level shall be identified by secret ballot to be conducted by the Chief Labour Commissioner (Central), and the procedure for conducting secret ballot, eligibility criteria for the unions to participate in secret ballot for recognition and the period of recognition are mentioned at Clauses 29.3, 29.4 and 29.5. Therefore, the proposed secret ballot election considering KG Basin, Rajahmundry Asset, is in conformity with the procedure/rules and regulations of H.R. Manual of ONGC, which is governing the service conditions of the workers including the office bearers of the petitioner- union. Therefore, the petitioner-Union has no right to oppose the secret ballot elections and neither their consent nor the management’s consent is required for secret ballot elections under any of the provisions of any statute or law, and the writ petition is liable to be dismissed on this ground alone. Heard the learned counsel for the both the parties and perused the material placed on record. Even though the learned counsel for the petitioner-union has strenuously contended that the whole of the southern region is taken as unit for the purpose of conducting elections in view of the evidence placed before this Court, K.G. Basin, Rajahmundry unit, is treated as a separate unit for the purpose of conducting elections to the unit. Even though the petitioner-Union claims that it has majority of the people and they have also given options for check-off system in its favour, and there is no necessity to conduct elections, its plea cannot be countenanced. Mere option exercised by an employee for the purpose of collecting subscription by a particular union would not itself confer any right on the union to claim that he is the member of the union all through. Periodically, for the purpose of recognition of a particular union, which enjoys majority, and to enable it to participate in the deliberations and sort out other problems that may arise in the industry, it is always safe for conducting elections to the unions by secret ballot. Under those circumstances, I am of the considered opinion that the respondents have not committed any error in attempting to conduct elections for the purpose of verifying and determining the strength of each union in K.G. Basin, Rajahmundry unit of O.N.G.C. Hence, the writ petition is devoid of merits, and the same is accordingly dismissed. However, the respondents are directed to conduct elections by secret ballot for the petitioner-Union at Rajahmundry, within a period of four weeks from the date of receipt of a copy of this order. At this juncture, the learned counsel for the petitioner-Union has strenuously contended that the 4th respondent- Union has no membership of any significance, not even 5%, as such, it has no locus standi to contest either this writ petition or the elections if any conducted by the respondents. The submission made by the learned counsel for the petitioner-union is not only unpalatable but undemocratic and contrary to the spirit of Trade Unionism in the country. No order as to costs. ______________ C.V. RAMULU, J 09th February, 2010 bcj