Centre to recognise trade unions in rail production units: HC

New Delhi: Rejecting the Centre's plea, the Delhi High Court has asked the government to recognise the trade unions in rail production units (RPUs).

A bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw dismissed the Centre's contention that there is no need for recognition of RPUs since they are represented by the Staff Council before the Railway Management Board.

The High Court upheld its single judge-bench order that recognition can not be denied to the trade union of RPUs as it would amount to discrimination.

"It cannot be ignored that the RPUs are deprived of their representation in JCM (Joint Consultative Machinery) by the aforesaid mechanism. It is not wise to keep them away from this consultative machinery while deciding their fate and representation to them will be conducive to a healthy atmosphere and in public interest," the bench said.

JCM is set up by the central government ministries to accord official recognition to associations of its industrial employees in which the recognised unions participate on behalf of the employees.

"We find that in the instant case the appellant (Centre) has not been able to provide any satisfactory answer for this classification which appears to be irrational and arbitrary," the bench said.

The Centre said that Staff Council have been set up in pursuant to government policy approved by the Cabinet as well as Railway Board.

The bench gave its verdict on the Centre's appeal challenging single judge decision asking railway to recognise RPUs, after Kapurthala rail coach factory (RCF) sought the court's permission to allow their union member to participate in the "secret ballot" for determining which railway unions should be accorded recognition.

However, the government refused to give recognition to the registered trade union workers of RCF, Kapurthala, which is treated as RPU, under the Railway Trade Unions.