The Delhi High Court on Monday took cognisance of the Indian National Trade Union Congress’ (INTUC) petition, seeking right to represent the trade unions in Joint Bipartite Committee on Coal Industry and listed the matter to October 6.
The Bench considered the matter on September 2 and listed the same for October 6, as the Central agencies sought time to file reply.
Petitioner INTUC assailed the letter dated June 3, 2021 issued by Coal India Limited, which has kept the slot for INTUC in the Joint Bipartite Committee on Coal Industry vacant in the light of different factions claiming to represent INTUC.
The Delhi High Court also held that the Counter Affidavit on behalf of the Ministry of Coal shall deal with the contention of the petitioner that in another writ petition, the claim by INTUC faction led by Dr. G. Sanjeeva Reddy was prima facie eligible for verification.
Who is INTUC?
The petitioner is the oldest Central Trade Union of the country and a prominent voice of Trade Unions in various organisations, including Coal India Limited, particularly for wage negotiations. It represents around 3.34 crore workers across the country. The petitioner stated that it is led by Dr. G. Sanjeeva Reddy and the claims of others have not been successful in various judicial proceedings.
What is Joint Bipartite Committee on Coal Industry?
The Joint Bipartite Committee on Coal Industry (JBCCI) is a committee consisting of representatives of management and Central Trade Unions operating in the coal industry, which negotiates and decides the wages/salaries and other allowances for the workers of coal industry. In 1973, a Joint Bipartite Wage Negotiations Committee for the coal industry was set up, which later came to be known as JBCCI.
The Dispute
It is the claim of the petitioner that they are being denied to participate in the democratic process of meeting of JBCCI-XI.
On June 3, 2021, Coal India Limited kept the slot for the petitioner in Joint Bipartite Committee on Coal industry vacant. It is the stand of the petitioner that this is based on a fallacious pretext that there is an inter-se dispute between factions of the Indian National Trade Union Congress.
The petitioner stated that in 2008, the Ministry of Labour and Employment had found INTUC with its president Dr. G. Sanjeeva Reddy eligible for representing its affiliated trade unions in various organisations. Further in 2013, the claims of purported rival factions were rejected after being considered by the Standing Committee of General Verification of Membership of Trade Unions affiliated as Central Trade Union Organisations.
It is submitted that Dr Reddy has been recognized by the government and political institutions as the President of INTUC. He has been recognized as the President of INTUC by the Minister of State (Independent Charge) for Power, Coal and New and Renewable Energy, and Minister of Urban Development, Housing & Urban Poverty Alleviation and Information and Broadcasting, Minister of Steel, Govt. of India and also the President of the Indian National Congress. Other correspondences of Bharat Heavy Electricals Ltd, National Thermal Power Corporation Ltd, Steel Authority of India Ltd, Employees State Insurance Corporation also refer to him as the President of INTUC.
In October 2017, the Ministry of Labour issued a letter deciding not to give representation to the petitioner in any of the meetings convened or nominations to any tripartite bodies including international fora, till the pending court cases among purported factions were decided. Against this letter, the petitioner had filed a writ petition before the Delhi High Court and the Regional Labour Commissioner had filed an affidavit stating that that INTUC led by Dr. G. SanjeevaReddy alone is eligible for verification as Central Trade Union and the claims of other factions have been rejected.
On the 5th of May 2021, the Ministry of Coal had also directed Coal India Limited to decide to decide which faction of Indian National Trade Union Congress should be represented in JBCCI –XI. On 10th June 2021, Coal India Limited had constituted JBCCI-XI without including the members nominated by the petitioner.
The Relief Claimed
INTUC therefore prays before the High Court that the decision of Coal India Limited to keep the slot for the petitioner vacant in the JBCCI be set aside, and issue directions to include the members nominated by the petitioner in JBCCI.
The democratic ethos
It is the claim of the petitioner that it functions in a democratic manner by holding elections to the post for the President. Be that as it may, the objective of the Joint Bipartite Committee on Coal Industry is also in furtherance of the democratic principles.
The grievance of the petitioner should be seen in the light of the fundamental right under Article 19(1)(c) that provides for the freedom to form associations or unions or co-operative societies, and Article 43 and 43A that enjoins the state to endeavour for the welfare of workers and participation in the management of any industry.
Both the petitioner and the object of JBCCI are in furtherance of democratic principles. It is imperative that the dispute be resolved at the earliest, so that the interests of workers should not suffer.
Indian National Trade Union Congress – a short history
The Indian National Trade Union Congress is an organization that has been formed to encourage and fight for the rights of workers by empowering trade unions on a nation-wide basis. It is a registered organisation under the Trade Union Act, 1926.
INTUC was born on May 3, 1947 as a historic necessity, just before India attained independence. It was formed under the auspices of stalwarts like Sardar Patel, Pandit Nehru, Babu Jagjivan Ram, Aruna Asaf Ali, Ram Manohar Lohia, Acharya J.B. Kriplani and many others. They had all gathered at a conference, held at the Constitution Club, New Delhi on May 3 and 4, 1947, determined to form a new trade union centre, which could voice the genuine demands for realizing the aspirations of working class in the country, at the same time keeping the national interest foremost in view. The number of trade unions represented at the same conference was 200, with a total membership of over 5,65,000.
Case: Indian National Trade Union Congress vs Union of India and Ors
Read the order here:
1630672492111-66360-2021-210903-194521-210903-194626