SECRET BALLOT SYSTEM –
Most effective form to recognize trade unions
Most effective form to recognize trade unions
- P. Esakkimuthu
One of the primary and basic rights of trade unions is collective bargaining by which the demands and grievances of the workers are settled with the management across the table. This right to collective bargaining is recognized by the United Nations Organisations and as such it is binding on member countries of UNO. Thus a duty and responsibility is cast on each and every member country to enact legislation on how to recognize trade unions for collective bargaining.
By convention No.84 of ILO,the right to form association is given teeth and by convention No.98, the right to collective bargaining is recognized. Further the Geneva Conventionno.154 of ILO on 3.6.81 also recognize these rights. Eventhough the right to form trade union is recognised as fundamental right under article 19( c) of the Constitution .the choice of the workers to choose the right persons to represent their grievance is absent given the multitude of Trade unions in each and every industry and trade. Earlier almost all political parties except communist parties floated a TU as tool to depoliticize the working class and thereby rendering a yeoman service to the ruling class.
Now after advent of identity politics, each and every caste organization are mobilizing the workers in the name of their caste and there by breaking and smashing the working class unity. Although these TUs have some say among a section of workers, slowly they lose their shine because of class collaboration and lack of commitment to working class interests. But, once they had a opportunity, they never loose their grip on the workers while the managements and ruling class are out to extend them with monetary support and they survive on check off system. The check off system also does not have any in built mechanism to ensure TUs total commitment to the workers. In such a situation, some big TUs who neglect the rights and well being of the working class are thriving as large TU entities. Some TUs which genuinely represent workers and fight for their rights could not get membership fees. Because of the check off system these real fighting TUs loose a chance to represent the workers. Best way to select a TU is referendum. The ILO declaration of 1998 vide clause 29(1) opted for secret ballot system to recognize trade unions for collective bargaining. Thus the basic rights of trade unions are well founded in international forums in which almost all the countries are members.
Unfortunately the Indian Government being a member country failed to bring in a legislation in this regard despite passage of these ILO resolutions many decades ago. The Govt.of India is not ready to bring laws as it bend backwards to please the govt. sponsored trade unions which opt for check off system. When the left and democratic minded parties raised this question in Parliament, the response received from the Govt. is no such proposal is under its consideration. But many member countries of ILO has added to the statute book the law on this score. The web site of ILO for Carribeans countries display model laws for reorganization of trade unions.
In our country, public sector like BSNL, Railway, FCI are adopting secret ballot system for recognizing trade unions not because of their commitment to the cause of workers or ILO resolutions but in pursuance of direction of the courts of the land, since an Act of Parliament is absent even 60 years after independence. Even in TamilNadu, the Govt .led by DMK which proclaimed itself as champion of workers by declaring May Day as a public Holiday did not come forward to bring in legislation on this aspect of recognizing trade unions. The Govt. of Tamil nadu when replying an RTI Query states that the matter is discussed in the State Labour Advisory Board and is still under its consideration. There is a proposal to send a team of officials to Maharastra and West Bengal to study the laws enacted by them.
In Maharastra there is a provision in Maharastra recognition of Trade Unions and Prevention of Unfair Labour Practice Act. The Govt. of Maharastra enacted this law when the check of system is prevalent and the state Govt. is headed by Congress Government. The Cong. Govt. of Maharastra is not ready for opting secret ballot system. Anyhow there must be an Act to bind all the managements otherwise the managements who are parties to the litigation alone are binding to the verdict of the court. The West Bengal Government and in Kerala too, have passed enactments adopting secret ballot as the mode of recognising trade union.
The Hon’ble Supreme Court has already dealt with this subject of recognizing trade unions by secret ballot system 15 years back which is a milestone judgment in the jurisprudence of labour. In Food Corporation of India case, the Supreme Court has categorically stated that Secret Ballot system is the only effective form of recognizing trade union and the check off system lost its significance. In paragraph 1 of the judgment reported in AIR 1995 SC 1344, the Supreme Court says as follows:
“The 'check off system' which once prevailed in this domain has lost its appeals; and so, efforts are on to find out which other system can foot the bill. The method of secret ballot is being gradually accepted. All concerned would, however, like to see that this method is so adapted and adjusted that it reflects the correct position as regards membership of the different trade unions operating in one and the same industry, establishment or undertaking.”
The Supreme Court has elaborated how the election by secret ballot system must be conducted under the control of officials of Labour Department by formulating 19 guidelines.
This judgement of Supreme Court, is the guiding factor for many High Court judgments. But alas, the central and state government are pondering over this issue without giving due consideration to the Supreme Court judgment. The Gujarat High Court has, by its judgment dated 10.2.2001 reported in 2002-2-GLR-1295 directed the management of ONGC of India to adopt secret ballot system to recognize trade unions. The Chennai High Court,in a case between the management of Arackkonam MRF and its workmen (WA 674/09) dired the management on 8.9.09 to go for secret ballot system. A division bench of Chennai High Court directed the management of Tamilnadu Civil Supply Corporation in WA 583/2000 to follow secret ballot system besides commending the method of secret ballot system as:
“in our democratic Society, the only way for assessment of representative character of the Trade unions is the secret ballot system as has been observed by the Hon'ble Supreme Court”
In the name of reforms, Govt is contemplating to abrogate various rights of workers and the managements of private and MNCs are flouting basic rights of workers including right to form association. It is thus imperative that there must be central act to bind all the management both private and public sectors to ensure collective bargaining through TUs and recognition of TU by secret ballot. Our relentless struggle for achieving this goal must be carried forward embracing all sections of the working class. It is the need of the hour to put pressure to implement UN and ILO conventions.
P.Esakkimuthu is Joint Secretary of CITU,Tuticorin District Committee
