HC orders ad-hoc arrangement to permit INTUC Unions to avail check off facility

 

 

Disposing of two writ petitions filed by INTUC’s Nagpur-based Rashtrya Koyla Khadan Mazdoor Sangh (RKKMS) and Koyla Khadan Shramik Sangh with directions, Justice Atul Chandurkar and Justice Urmila Joshi-Phalke at the High Court here have, by way of an ad-hoc arrangement, permitted the petitioners to continue to avail the check off facility subject to adjudication of its rights in the proceedings pending before the Delhi High Court. The High Court has made it clear that this arrangement being ad-hoc in nature, the same is without prejudice to the rights and contentions of the contesting parties. This arrangement would operate until any specific order in the matter of availing the check off facility is passed either in the pending civil suit by the Delhi High Court or any other appropriate proceedings in that regard.

 

Through the communication of January 4, 2017, the Union Ministry of Labour and Employment had informed the petitioners and other office-bearers of the Indian National Trade Union Congress (INTUC) that no representation would be given to it in the meetings convened by the said Ministry and nomination to various tri-partite bodies till finalisation of pending court cases amongst the factions of INTUC. Based on this communication, the Ministry of Coal had issued the impugned communication to the Coal India Ltd (CIL), on January 11, 2017 that the interim directions issued by the Delhi High Court on September 16, 2013, in WP 8152/2016 shall be complied with. Through that interim order, the Delhi High Court had stayed the effect and operation of the resolution of August 31, 2016, which was passed that there would be four members of INTUC with four alternate members on the Standardisation Committee. The said Resolution relates to the inclusion of members of the Reddy Group in the JBCCI. Thereafter, on January 28, 2017, the CIL informed its various coalfields in the country that the communication of January 11, 2017 in the said matter shall be complied with.

 

These two communications were under challenge, but the challenge was not entertained as having been rendered infructuous in view of Delhi High Court’s decision of the WP 8152/2016. Prayer seeking a declaration that the action of the respondents in not permitting the petitioner-Union to participate, negotiate and represent itself in any of the Committees constituted by the respondents to be illegal and arbitrary, has been not entertained in the light of the liberty granted in that regard by the Supreme Court (SC) in the Special Leave Petition -- WCL v RKKMS & Others -- decided on January 10, 2020. All the points regarding this aspect have been kept expressly open, without expressing any opinion thereon. The High Court has also ordered that the amounts deposited by the WCL shall remain in deposit until necessary orders are obtained in that regard by either of the parties to the present proceedings from the Delhi High Court in terms of the liberty granted by the Supreme Court in the SLP filed by WCL. Adv S P Bhandarkar (WP 5320/2017) and Adv M M Sudame (the other petition) appeared for the respective petitioner-Unions. Advocates M P Munshi (Union of India), A M Ghare, D L Dharmadhikari, Kalpana Pathak represented the respondents.