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2024 DAILYLAW 2343 (CAL)

Calcutta Port Shramik Union v. Union of India

2024-08-07

Shampa Sarkar

body2024
JUDGMENT : Shampa Sarkar, J. 1. The writ petition has been filed challenging a decision of the Union of India and the gazette notification dated March 19, 2024 by which the nomination of the respondent Nos.5 and 6 to the Board of Shyama Prasad Mukherjee Port Kolkata (in short SMPK) had been notified as representatives of the worker unions. 2. The petitioners claim to be another such registered trade union and its office bearers. The petitioners submit that the nomination of Asim and Samarendra to the board of SMPK was contrary to the Major Port Authorities Act, 2021, especially Section 3(1)(f) read with Rule 6(4) of the Major Port Authorities (Chairperson, Deputy Chairperson and Board Members) Rules, 2022 (hereinafter referred to as the said Rules). 3. According to Mr. Ahmed, learned advocate appearing for the petitioners, the check off system should have been replaced by a secret ballot, to ascertain the maximum number of members affiliated to each of the seven registered trade unions recognized by the port trust. It is next contended by Mr. Ahmed that Rules 6(4)(a) and (b) of the said Rules were not followed. The petitioner no. 1 had the highest affiliation or highest number of members, but such fact was ignored by SMPK. SMPK followed a pick and choose method and recommended the name of Asim and Samarendra to the Central Government. The Central Government did not scrutinize the steps taken by SMPK and automatically notified their incorporation in the board. Mr. Ahmed referred to certain documents to substantiate that the demand of the majority of the workers was that the check off process should be replaced by a secret ballot system. Such demand was raised before the board, time and again, but the board wished to ignore the said demand and continued with the check off system, arbitrarily and against the wishes of the workers unions. 4. Mr. Nag, learned advocate appearing for the respondent no. 5, submits that the board has a perpetual succession under the law. Different categories of members of the board are appointed at intervals including members from the unions. Seven unions have been recognized by SMPK. Admittedly, the demand for ascertaining the highest and the second highest membership in the unions, by way of secret ballot, had been made to the board of SMPK. Different categories of members of the board are appointed at intervals including members from the unions. Seven unions have been recognized by SMPK. Admittedly, the demand for ascertaining the highest and the second highest membership in the unions, by way of secret ballot, had been made to the board of SMPK. The board had a meeting on this issue and it was found that majority of the members and the unions wanted to continue with the check off procedure. 5. Reference has been made to the minutes of the meeting held on March 30, 2023 which is annexed to the writ petition. The said minutes indicate that National Union of Waterfront Workmen (I), the Kolkata Port Trust Permanent Employees’ Union, Kolkata and National Union of Waterfront Workers supported the prevalent method of check off which was going on since long. Whereas, the Calcutta Port & Shore Mazdoor Union, Calcutta Port Shramik Union, Haldia-Kolkata Port & Dock Shramik Union and Haldia Port & Dock Employees’ Association were in favour of secret ballot. Maximum workmen wanted to retain the check off system for ascertainment of the highest membership and the second highest membership of recognized trade unions of SMPK. 6. Further reference has been made to the resolution of the board to show that the board had not completely shut out the demand made by the petitioners. The board justified continuation of the check off system on the ground that the preparation to ascertain the highest representation and the second highest representation of members in the respective unions for nomination to the board started in 2022 and ended in 2023. In the resolution, the board had categorically stated that after January 31, 2026, for ascertainment of the highest representation and the second highest representation of the workers in the respective unions, the system of secret ballot will be followed. 7. Mr. Roy, learned advocate appearing on behalf of the respondent nos. 1 to 4, submits that in order to calculate the highest representation and the second highest representation of members in the respective unions, the members submit their allegiance before the SMPK and, thereafter, the calculation is made on the basis of the number of members who have expressed their affiliation to the respective unions. The allegiance displayed by the workmen was the sole basis for calculation of the representation of the workmen in a particular union. The allegiance displayed by the workmen was the sole basis for calculation of the representation of the workmen in a particular union. The board neither regulates nor monitors such affiliation or membership. 8. On the basis of the allegiance shown by the members to the respective unions, the nomination to the present board was made. Two members from the unions having highest and second highest allegiance were recommended. It was found that Asim was nominated from a union which had 937 members and Samarendra was nominated from a union which has 399 members. The petitioner no. 1 has 287 members. 9. Heard the parties. The writ petition does not mention the exact number of members affiliated to the petitioner no. 1. Secondly, the contention of the writ petitioners that the check off system should not be followed but must be replaced by secret ballot was considered by the board and it was found that majority of the members/workers wanted to continue with the check off system. Yet, the board has made a provision to go for the secret ballot system after January 31, 2026, which is also a part of the resolution. The Central Government has acted in terms of Rule 6(4) of the Rules and has issued the notification upon consultation with SMPK. 10. Under such circumstances, this court does not find any scope to interfere with the decision of the Central Government. 11. The writ petition is disposed of accordingly. 12. There shall be no order as to costs. 13. All parties are to act on the basis of server copy of this order.