Airports Authority of India Workers Union v. The Airport Authority of India & Ors

RAJIV SAHAI ENDLAW, J. MARCH 17, 2016 "bs"..

(Corrected and released on 30th April, 2016).

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 17th March, 2016. + W.P.(C)No.283/2013 AIRPORT AUTHORITY KARAMCHARI UNION .... Petitioner Through: Mr. Sujeet K. Mishra, Adv. Versus UNION OF INDIA AND ORS ..... Respondents Through: Ms. Anjana Gosain with Mr. Vishu Agrawal, Advs. for UOI. Mr. K.K. Rai, Sr. Adv. with Mr. Digvijay Rai, Mr. Syed Hassan Bin Taher and Mr. Anshul Rai, Advs. for R-3/AAI. AND + W.P.(C) No.754/2013 INDIAN AIRPORTS KAMGHAR UNION ..... Petitioner Through: Mr. Colin Gonsalves, Sr. Adv. with Mr. Divya Jyoti Jaipuriar and Ms. Vinika Kino, Advs. Versus AIRPORT AUTHORITY OF INDIA AND ORS ..... Respondents Through: Mr. K.K. Rai, Sr. Adv. with Mr. Digvijay Rai, Mr. Syed Hassan Bin Taher and Mr. Anshul Rai, Advs. for AAI. Ms. Anjana Gosain with Mr. Vishu Agrawal, Advs. for UOI. Mr. Dinesh Agnani, Sr. Adv. with Mr. Inderjit Singh, Adv. for R-2. AND + W.P.(C) No. 6446/2013 & CM No.14039/2013 (for stay) INDIAN AIRPORTS KAMGHAR UNION ..... Petitioner Through: Mr. Colin Gonsalves, Sr. Adv. with Mr. Divya Jyoti Jaipuriar and Ms. Vinika Kino, Advs. Versus AIRPORTS AUTHORITY OF INDIA & ORS ..... Respondents Through: Mr. K.K. Rai, Sr. Adv. with Mr. Digvijay Rai, Mr. Syed Hassan Bin Taher and Mr. Anshul Rai, Advs. for AAI. Ms. Anjana Gosain with Mr. Vishu Agrawal, Advs. for UOI. Mr. Dinesh Agnani, Sr. Adv. with Mr. Inderjit Singh, Adv. for R-3. AND + W.P.(C) No.5357/2015 & CM No.9671/2015 (for direction) AIRPORTS AUTHORITY OF INDIA WORKERS UNION ..... Petitioner Through: Mr. Tarun Rana, Adv. Versus THE AIRPORT AUTHORITY OF INDIA & ORS ....Respondents Through: Mr. K.K. Rai, Sr. Adv. with Mr. Digvijay Rai, Mr. Syed Hassan Bin Taher and Mr. Anshul Rai, Advs. for AAI. Mr. Dev P. Bhardwaj, Adv. for UOI. Mr. Inderjit Singh, Adv. for R-4. Mr. Sujeet K. Mishra, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. All the four petitions concern the election of the recognised Trade Union of the respondent Airports Authority of India (AAI). 2. The petitions were entertained and pleadings have been completed. The counsels have been heard yesterday i.e. 16th March, 2016 and today. 3. The senior counsel for Indian Airports Kamghar Union (IAKU) has argued: (i) that such election for recognising/electing the recognised Trade Union of AAI were held on 29th January, 2013; (ii) that elections are to be held five yearly and the next election would be due in the year 2018; (iii) that in the last election held on 29th January, 2013, the Airports Authority Employees Union (AAEU) was declared elected as the recognised (majority) union of the AAI; (iv) that the victory of the AAEU was a marginal one; of all the 10,800 votes cast (out of the list of 11,621 voters), AAEU was found to have polled 5376 votes and the IAKU was found to have polled 5210 votes; (v) that the procedure followed for the election was flawed and did not maintain the secrecy of the ballot as was / is required to be maintained; (vi) that though in accordance with the Memorandum dated 18th December, 1980 of the Office of the Chief Labour Commissioner (CLC), Govt. of India, the Returning Officer (RO) under whose supervision the election through secret ballot is to be conducted with the assistance of the management concerned, is required to be notified by the CLC (Central) but the same was not done; (vii) that the ballot papers were also bearing the serial number as was provided on the counterfoil of the ballot papers and on which counterfoil the signatures of the voters were obtained; (viii) that the voters were also asked to sign on a register and on which also the serial number of the ballot paper issued to each of the voters was entered; (ix) that thus, on comparing the signatures of the voter on the counterfoil of the ballot paper or on the register with the identity of the voter could be connected with the vote exercised by him / her; (x) that W.P.(C) No.283/2013 was filed prior to the election, pointing out inter alia the aforesaid flaws in the election but the