IN THE HIGH COURT OF DELHI AT NEW DELHI

ORIGINAL WRIT JURISDICTION

WRIT PETITION (CIVIL) NO.__________/2019

(Writ Petition under Article 226 of the Constitution of India)

IN THE MATTER OF:

IN THE MATTER OF:

Dakshin Railway Employees Union (DREU) …Petitioner

VERSUS

Chairman Railway Board & Ors …Respondents

NOTICE OF MOTION

Sir,
Please find the enclosed herewith the copy of Writ
Petition Under Articles 226 and 227 of the Constitution of
India for the issue of a Writ of mandamus or any other Writ,
order or direction to the Respondent No. 1 and Respondent
No. 2 to produce the records and explain the actions taken
on petitioner’s complaint forwarded by the registrar,
supreme court of India. The said matter is likely to come up
on day of November, 2019 or such other date is
convenient to the Registry of the Hon’ble High Court.

Through

BIJU P. RAMAN
ADVOCATE
B 706, VARDHAMAN APARTMENTS,
MAYUR VIHAR PHASE I (EXTN.)
NEW DELHI – 110091
Mob: +91 9910527653, +91 9958179520
advbijuraman@gmail.com
Dated: 27.11.2019
New Delhi.
 IN THE HIGH COURT OF DELHI AT NEW DELHI

ORIGINAL WRIT JURISDICTION

WRIT PETITION (CIVIL) NO.__________/2019

(Writ Petition under Article 226 of the Constitution of India)

IN THE MATTER OF:

Dakshin Railway Employees Union (DREU) …Petitioner

VERSUS

Chairman Railway Board & Ors …Respondents

URGENT APPLICATION
To,
The Registrar,
Delhi High Court,
New Delhi.

Sir,
Kindly treat the accompanying petition as urgent an

application --filed in accordance with the High Court Rules

and urgent orders.

Filed by: -

BIJU P. RAMAN
ADVOCATE
B 706, VARDHAMAN APARTMENTS,
MAYUR VIHAR PHASE I (EXTN.)
NEW DELHI – 110091
Mob: +91 9910527653, +91 9958179520
advbijuraman@gmail.com
Dated: 27.11.2019
New Delhi.
 IN THE HIGH COURT OF DELHI, NEW DELHI
W.P. (CIVIL) NO. OF 2019

MEMO OF PARTIES

IN THE MATTER OF:

DAKSHIN RAILWAY EMPLOYEES UNION, (DREU)

THROUGH ITS
GENERAL SECRETARY,
Shri. P. MATHEW SYRIAC,
CENTER FOR INDIAN TRADE UNIONS(CITU),
RANADEV BHAVAN,
13 A, ROUSE AVENUE,
NEW DELHI 110002 …PETITIONER

VERSUS

1) THE SECRETARY,
MINISTRY OF RAILWAYS,
RAIL BHAWAN,
256-A, RAISINA ROAD, RAJPATH AREA,
CENTRAL SECRETARIAT,
NEW DELHI,
DELHI 110001

2) THE CHAIRMAN,
RAILWAY BOARD,
RAIL BHAWAN,
256-A, RAISINA ROAD, RAJPATH AREA,
CENTRAL SECRETARIAT, NEW DELHI,
NEW DELHI 110001

3) MR. ALOK KUMAR,

EXECUTIVE DIRECTOR ESTT.(IR)
CONVENER
SECRET BALLOT ELECTION COMMITTEE
RAILWAY BOARD,
RAIL BHAWAN,
256-A, RAISINA ROAD, RAJPATH AREA,
CENTRAL SECRETARIAT, NEW DELHI,
NEW DELHI 110001

4) THE SOUTHERN RAILWAY

REP. BY ITS GENERAL MANAGER
PARK TOWN
CHENNAI 600003 … ... RESPONDENTS
 Through

BIJU P. RAMAN
ADVOCATE
B 706, VARDHAMAN APARTMENTS,
MAYUR VIHAR PHASE I (EXTN.)
NEW DELHI – 110091
Mob: +91 9910527653, +91 9958179520
advbijuraman@gmail.com
Dated: 27.11.2019
New Delhi.
 SYNOPSIS

“In a hallowed democratic body polity, the seminal

requirement is fair and timely election. Purity of election
abandoning any kind of dogmatic idea is consubstantial to
sustain the fundamental concept of democracy which is a
basic feature of our Constitution. If the ‗thought of democracy‘
is sullied, the cornerstone of the rule of law is corroded.”

Dipak Misra, CJI.

Pramod Laxman Gudadhe VS. Election Commission of India

and Ors.(SLP(C)NO. 9968 OF 2018)

The Petitioner Trade Union has approached this Hon’be

Court in a representative capacity of the railway workers

employed in the Southern Railway against the action of the

Respondents, Railway Board as well as the Secret Ballot

Election Committee (SBEC 2019) in not acting in

furtherance of the Final Modalities 2019 and declaring the

date for conduct of Elections, is a violation of Fundamental

Rights of the the railway employees and their right to be

represented through a Recognised Union.

That the failure of the Respondents in holding regular and

timely elections is deprivation of the rights of the workers,

who have a right to be represented through a Trade Union

and is against the settled principles of fair and free elections

as held by the Hon’ble Supreme Court of India.

It is submitted that the railway employees would be deprived

of their fundamental right to be represented, in the absence

of a Recognized Union to represent them in Permanent

Negotiating Machinery Meetings, Fortnightly Meetings (FNM)

etc. with the employer, which aims to maintain the

employers contact with employees and to resolve disputes

and differences, which may arise between Railway

Employees and Administration.

It is submitted that, after the completion of the term of the

Trade Union recognized through earlier Secret Ballot

Election, there is no valid and recognized Trade Union

existing to air and vent the employees grievance. It is

submitted that the Respondents having been directed by

this Hon’ble Court in Annexure P/ and P/ judgments to

implement a democratic process for conferment of

Recognition on Trade Union and to usher in transparency

and fairness in the process are bound to conduct free, fair

and regular elections and are bound to ensure the duration

of ‘Six Years’ as stipulated in the Final Modalities fixed by

the Secret Ballot Election Committee appointed by it, from

time to time, for conducting elections is strictly adhered to

and necessary steps are taken to conduct elections before

the completion of the term, including the finalization of

Modalities, Voters List, Ballot Papers etc. as in the case of

any other election process followed and implemented in the

country. Hence this Writ Petition is filed to Direct the

Respondents to take necessary steps to conduct free and fair

elections and notify dates for conducting Secret Ballot

Election (SBE) - 2019 without any further delay. In addition

to direct the respondents to put in place a permanent

mechanism to ensure that free, fair and regular elections are

conducted before the expiry of the term of an elected body

and to ensure the continuity of the process.

LIST OF DATES

28.10.1985 On the basis of the Recommendation of

Railway Reforms Committee, the Railway

Board by its Circular No. E(LR) 1/83/NM1-

23 dated 28.10.1985 informed the General

Managers, Indian Railway that its (Railway

Board) letter No. D(L) 61/UTI-95/1 dated

19.09.61, fixing the minimum percentage of

membership for granting recognition to

Unions at 15% was to be modified in line

with the new recommendation, as per which

the Unions would require 30% minimum

percentage of membership for being granted

recognition.

17.02.1995 The Hon’ble Supreme Court, while deciding

the case Food Corporation of India Staff

Union vs. Food Corporation of India, (AIR

1995 Supreme Court 1344), on the basis of

consent given by the employer, as well as the

 unions to adopt secret ballot system,

directed that 29 norms and procedural

directions given by it should be followed in

holding the Secret ballot which was directed

to be held under the overall supervision of

the Chief Labour Commissioner.

26.06.2002 The Railway Board in supersession of its

Letter No. E(LR) 1/83/NM 1-23 dated

28.10.1985, on the basis of a request made

by the Bharatiya Railway Mazdoor Sangh

and others for grant of recognition, vide its

Circular No. E(LR) III/2000/LR 1-30 dated

26.06.2002, directed the General Managers

to consider the applications for grant of

recognition by Bharatiya Railway Mazdoor

Sangh and its affiliates as and when received

by them and accord recognition to them.

While doing so, the General managers were

to assess the the 30% membership strength

of the total non- gazette employees of the

respective zones on the basis the Annual

Returns forms for the latest year submitted

by the Zonal Unions to the respective

Registrar of Trade Unions and as certified /

accepted by him.
16.07.2002 The Southern Railway Mazdoor Union

approached the Madras High Court by filing

a Writ Petition No. 25274 of 2002

challenging the circular dated 26.06.2002

alleging it to be illegal and arbitrary since

the existing recognised union including the

petitioner represented almost the entire

employees of the Southern Railway and that

there must be actual or factual verification of

the membership strength of 30% and it

should not be based upon annual reports or

forms submitted by the respective Unions to

the Registrar of Trade Unions and such a

procedure is illegal and arbitrary, besides

being inconsistent with the uniform stand

taken by the Railway administration. The

Hon’ble High Court by its order dated

16.07.2002 in W.P No. 25274 of 2002

passed an interim order staying the

operation of the Circular and further issued

notice to the Respondents.

18.07.2002 The Railway Board by its letter dated

18.07.2002 addressed to the General

Managers, restrained them from acting upon

the Circular dated 26.02.2002 as the same

 was stayed by the Hon’ble High Court of

Madras in W.P No. 25274 of 2002.

11.10.2002 The Hon’ble High Court of Madras by its

order dated 11.10.2002 in W.P No. 25274 of

2002, disposed off the Writ Petition as

devoid of any merit as the Petitioner had

failed to highlight any infirmity in the action

of the Railway Board.

17.10.2003 The Southern Railway Mazdoor Union filed a

Writ Appeal No. 3168/2004 against the

decision of the Single Judge of the Madras

High Court, dismissing its Writ Petition No.

25274 of 2002. The Hon’ble High Court of

Madras by its order dated 17.10.2003 was

pleased to reverse the finding of the Single

Judge and notice dated 26.06.2002, stating

that the Railways could not act in an

arbitrary manner by imposing huge cost and

expenditure on itself and undermine the

recommendation of Railway Reforms

Committee for Recognition of Trade Unions

and the limit of 30% representation of

Employees of a class was mandatory.

08.03.2004 the Railway Board challenged the order

dated 17.10.2003 passed by the Madras

 High Court in Writ Appeal No. 3168/2004.

The Hon’ble Supreme Court by its order

dated 08.03.2004 in SLP (C) No. 3716/2004,

while disissing the SLP, observed that,

“the high Court’s reasoning for

requirement of 30% membership
exclusively for the membership of Union
is upheld. The High Court has correctly
relied upon the decision of this Court in
Food Corporation of India Staff union vs.
Food Corporation of India reported in
AIR 1995 Supreme Court 1344 to hold
that the method was a natural, rationale
and viable alternative.”
19.12.2005 The Bharathiya Mazdoor Sangh filed a Writ

Petition (C) No. 23873/2005 before the

Hon’ble High Court of Delhi, contending that

despite orders by the Apex Court with regard

to 30% membership for recognition of the

trade union, the respondent, Railway Board

was ignoring such criterion and was

attempting to modify the same behind the

back of the petitioner. The main objection

raised by the petitioner was the attempt of

the railway Board to increase the minimum

percentage of Representation from 30% to

35%
01.12.2006 The Hon’ble High Court of Delhi by its Order

dated 01.12.2006 held that the criteria of

30% was fixed by the Hon’ble Supreme

Court for granting recognition to the Trade

Unions had attained finality and that the

Committee was not empowered to alter the

same. The Court further directed the

Committee to consider holding elections in

Light of the 30% norm fixed by the Supreme

Court. It further directed that the High

Power Committee after obtaining views from

all active unions conduct elections as per the

procedure laid down by the Hon’ble Supreme

Court in Food Corporation of India Staff

union vs. Food Corporation of India reported

in AIR 1995 Supreme Court 1344.

08.02.2007 The Railway Board filed LPA 23 of 2007

against the order of the Single Judge.

22.03.2007 This Hon’ble Court while upholding the

decision of the Single Judge held that the

Court had correctly relied upon the decision

of the Hon’ble Supreme Court in Food

Corporation of India Staff Union versus Food

Corporation of India reported in AIR 1995

Supreme Court 1344 to hold that the

 method was a natural, rationale and viable

alternative. This Hon’ble Court, based on the

submission of the counsel for the appellant

UOI, that the entire process for holding

election would be completed in terms of the

order dated 22nd March, 2007 within two

months, directed that the said order be

complied at the earliest and no

further extension shall be granted, the Court

also made it clear that if for any reason

election cannot be

held within the stipulated time, the person(s)

responsible for the lapse shall be liable for

the default.

November 2007 That as per the Directions of this

Hon’ble Court and the norms laid down by

the Hon’ble Supreme Court, secret ballot

elections were held for the recognition of the

Trade Unions for the first time in the country

in the year 2007. As per the final modalities

for the conduct of the election, the tenure of

recognition of the Trade Unions was fixed for

‘SIX’. Years.

March 2013 That after the completion of the tenure, the

by virtue of the final modalities issued vide

 Letter No. SBEC/Union Elec.2012/

Modalities/1 dated 18.03.2013 tenure of

recognition of the Union was fixed as six

years from the date of declaration of results.

02.05.2019 As per the Results declared on 02.05.2013

in the Southern Railways, Southern Railway

Mazdoor Union secured the requisite votes

and got recognition. The tenure of the

recognition of SRMU by virtue of the final

modalities circulated on 18.03.2013, was to

expire on 02.05.2019. However, the same

was postponed in light of the Lok Sabha

Elections 2019. The Petitioner herein

thereafter made a representation to the

General Manager, Southern Railway, that

the SRMU be striped of the benefits given to

them as a precursor to the impending Secret

Ballot Election for recognition of Trade

Unions so as to create a level playing ground

for the Trade Unions. By the said

representation, it was also requested that

the special facilities provided to SRMU, like

Office in Railway Premises, Union Offices

etc. be also withdrawn. The Petitioners have

 not received any response from the

authorities till date.

31.05.2019 The Railway Board vide its communication

No. 2017/E(LR) III/LR/MISC/1 dated

31.05.2019 issued to the General Railway

Managers, notified that the next Secret

Ballot Elections for Recognition of Railway

Trade Unions would be held in the Month of

August 2019.

10.06.2019 It was informed by the Railway Board vide

communication No. ERB-I/2019/23/24

dated 10.06.2019 that a committee was

being constituted to review and suggest

fresh Modalities for the conduct of the

Elections.

26.06.2019 In furtherance of its earlier communications,

the Railway Board vide its letter No.

2019/E(LR)III-SBE/1 dated 26.06.2019

directed the Railway Managers to prepare

and publish voters list pending the

notification of the Final Modalities. The letter

fixed the final date for publishing the final

Voter’s List as 18.07.2019.

04.07.2019 The Railway Board vide communication No.

2019/E(LR)III/SBE/1 dated 04.07.2019 in

 line with its earlier communications

informed that the Elections were proposed to

be held on 28th and 29th of August 2019. The

Secret Ballot Election Committee (SEBC) had

been constituted to supervise the elections

and that the said committee had reviewed

the draft modalities, which were required to

be finalised after receiving suggestions from

the Trade Unions.

08.08.2019 The Railway Board vide communication No.

2019/E(LR)III/SBE/1 dated 08.08.2019,

directed the Railway General Managers to

place orders for ‘Indelible Ink Marker Pens’

for using in the Elections from M/s Mysore

Paints and Varnish Ltd.

16.08.2019 The SBEC vide communication No.

2019/E(LR)III/SBE/1 dated 16.08.2019,

published the final Modalities for conduct of

the Secret Ballot Election 2019.

23.08.2019 The Railway Board vide a communication

No. 2019/E(LR)III/SBE/1Pt. dated

23.08.2019 addressed to the General

Managers of Zonal Railways informing them

that the Ministry of Railways has sanctioned

Rs.7,00,000/- each funds to the 17

 Returning Officers and 143 Presiding officers

for the purpose of (i) Hiring Vehicles; (ii)

Supply of Indelible ink; (iii) Printing ballot

papers and (iv) other miscellaneous

expenditure.

17.10.2019 The Petitioner Union addressed a letter Lt.

No. DREU/ CC/058/2019 dated 17.10.2019

to the Chairman Railway Board, raising its

concern on the undue delay in conducting

the Secret Ballot Election for Recognition of

the Trade Unions, despite the completion

and fulfilment of all the necessary formalities

related with conduct of election.

The Petitioners have not received any

response from the Railway Board even after

one month nor did they receive any

information regarding the conduct of Secret

Ballot Election 2019.

Hence this writ Petition.

 IN THE HIGH OF DELHI AT NEW DELHI
(ORIGINAL CIVIL JURISDICTION)
WRIT PETITION (CIVIL) NO. OF 2019

IN THE MATTER OF:

DAKSHIN RAILWAY EMPLOYEES UNION, (DREU)

THROUGH ITS
GENERAL SECRETARY,
Shri. P. MATHEW SYRIAC
No. 27, MOSQUE STREET,
CHEPAUK, CHENNAI – 6000015

Also at:

CENTER FOR INDIAN TRADE UNIONS(CITU),

RANADEV BHAVAN,
13 A, ROUSE AVENUE,
NEW DELHI 110002 PETITIONER

VERSUS

1) THE SECRETARY,
MINISTRY OF RAILWAYS,
RAIL BHAWAN,
256-A, RAISINA ROAD, RAJPATH AREA,
CENTRAL SECRETARIAT,
NEW DELHI,
DELHI 110001

2) THE CHAIRMAN,
RAILWAY BOARD,
RAIL BHAWAN,
256-A, RAISINA ROAD, RAJPATH AREA,
CENTRAL SECRETARIAT, NEW DELHI,
NEW DELHI 110001

3) MR. ALOK KUMAR,

EXECUTIVE DIRECTOR ESTT.(IR)
CONVENER
SECRET BALLOT ELECTION COMMITTEE
RAILWAY BOARD,
RAIL BHAWAN,
256-A, RAISINA ROAD, RAJPATH AREA,
CENTRAL SECRETARIAT, NEW DELHI,
NEW DELHI 110001
 4) THE SOUTHERN RAILWAY
REP. BY ITS GENERAL MANAGER
PARK TOWN
CHENNAI 600003 … ... RESPONDENTS

WRIT PETITION UNDER ARTICLES 226 AND 227 OF THE

CONSTITUTION OF INDIA FOR THE ISSUE OF A WRIT
OF MANDAMUS OR ANY OTHER WRIT, ORDER OR
DIRECTION TO THE RESPONDENT NO. 1 TO CONDUCT
THE SECRET BALLOT ELECTION FOR THE
RECOGNITION OF THE ELIGIBLE TRADE UNION AS PER
THE FINAL MODALITIES FOR SBE-2019 CIRCULATED
VIDE RAILWAY BOARD’S LETTER NO.
2019/E(LR)III/SBE/1 DATED 16.08.2019.

TO
THE HON’BLE CHIEF JUSTICE OF DELHI
AND HIS COMPANION JUSTICES
THE HUMBLE PETITION OF
THE PETITIONER ABOVE
NAMED

MOST RESPECTFULLY SHOWETH:

1. It is submitted that the Petitioner herein is Dakshin

Railway Employees Union, a registered Trade Union

having its office at affiliated to CITU, Ranadev Bhavan,

No. 13 A, Rouse Avenue, New Delhi 110002, the

Petitioner Union has been striving hard to achieve

better and fair conditions of service and life to its

members who are employed in the Southern Railway.

The petitioner union commands the support of 23.73%

of the total voters and 25.49% (20484 votes) of the total

valid votes polled in the last secret ballot held in April

2013 behind Southern Railway Mazdoor Union

(SRMU).
2. It is submitted that the Rules for Recognition of

Associations Of Non-Gazetted Railway Servants are set

out in paragraphs 2510 to 2518 in Part B of Chapter

XXV of the Indian Railway Establishment Manual.

Conditions precedent to the recognition of a Union by a

Railway Administration are set out in Part C.

Paragraph 2510 in Part B, sets out, inter alia, that

"Government is prepared to accord official recognition

to associations of it's industrial employees. The grant

and continuance of recognition rests in the discretion

of Government, but recognition when granted will not

be withdrawn without due cause and without giving an

opportunity to the association to show cause against

such withdrawal."

Paragraph 2512 provides that "Recognition will not

ordinarily be granted or continued to any association

unless it complies with the following conditions: -

(i) it must consist of a distinct class of railway

servants and must not be formed on the basis of

any caste, tribe, or religious denomination or of

any group within or section of such caste, tribe or

religious denomination;

(ii) all railway servants of the same class must be

eligible for membership;

 (iii) It must be registered under the Trade Unions

Act."

It is submitted that the "Government may" as provided

in Paragraph 2513 "require the regular submission of

copies of the Rules of any recognized association, of it's

annual accounts, and of it's list of members."

The Rules in parts 'B' and 'C' of Chapter XXV of the

Railway Manual also provide for grant of leave,

provision of passes and privileged ticket orders to

railway servants, "for attending meetings or conducting

the affairs of the union". The rules of the union are

required to conform to those set out in Part C. A true

copy of the relevant provisions under the Indian

Railways Employees Manual (IREM) is produced

herewith and marked as ANNEXURE P/1.

3. On the basis of the Recommendation Railway Reforms

Committee, the Railway Board by its Circular No. E(LR)

1/83/NM1-23 dated 28.10.1985 informed the General

Managers, Indian Railway that its (Railway Board)

letter No. D(L) 61/UTI-95/1 dated 19.09.61, fixing the

minimum percentage of membership for granting

recognition to Unions at 15% was to be modified in line

with the new recommendation, as per which the

Unions would require 30% minimum percentage of

 membership for being granted recognition. A true copy

of the Railway Board by its Circular No. E(LR)

1/83/NM1-23 dated 28.10.1985 is produced herewith

and marked as ANNEXURE P/2.

4. The Hon’ble Supreme Court, while deciding the case

Food Corporation of India Staff Union vs. Food

Corporation of India, (AIR 1995 Supreme Court 1344),

on the basis of consent given by the employer, as well

as the unions to adopt secret ballot system, directed

that 29 norms and procedural directions given by it

should be followed in holding the Secret ballot which

was directed to be held under the overall supervision of

the Chief Labour Commissioner. A copy of the

judgment dated in Food Corporation of India Staff

Union vs. Food Corporation of India, (AIR 1995

Supreme Court 1344) is produced herewith and

marked as ANNEXURE P/3.

5. The Railway Board in supersession of its Letter No.

E(LR) 1/83/NM 1-23 dated 28.10.1985, on the basis of

a request made by the Bharatiya Railway Mazdoor

Sangh and others for grant of recognition, vide its

Circular No. E(LR) III/2000/LR 1-30 dated 26.06.2002,

directed the General Managers to consider the

applications for grant of recognition by Bharatiya

 Railway Mazdoor Sangh and its affiliates as and when

received by them and accord recognition to them. While

doing so, the General managers were to assess the the

30% membership strength of the total non- gazette

employees of the respective zones on the basis the

Annual Returns forms for the latest year submitted by

the Zonal Unions to the respective Registrar of Trade

Unions and as certified / accepted by him. A true copy

of vide its Circular No. E(LR) III/2000/LR 1-30 dated

26.06.2002 issued by the Railway Board is produced

herewith and marked as ANNEXURE P/4.

6. The Southern Railway Mazdoor Union approached the

Madras High Court by filing a Writ Petition No. 25274

of 2002 challenging the circular dated 26.06.2002

alleging it to be illegal and arbitrary since the existing

recognised union including the petitioner represented

almost the entire employees of the Southern Railway

and that there must be actual or factual verification of

the membership strength of 30% and it should not be

based upon annual reports or forms submitted by the

respective Unions to the Registrar of Trade Unions and

such a procedure is illegal and arbitrary, besides being

inconsistent with the uniform stand taken by the

Railway administration. The Hon’ble High Court by its

order dated 16.07.2002 in W.P No. 25274 of 2002

 passed an interim order staying the operation of the

Circular and further issued notice to the Respondents.

A true copy of the order dated 16.07.2002 in W.P No.

25274 of 2002 passed by the Single Bench of Madras

High Court is produced herewith and marked as

ANNEXURE P/5.

7. The Railway Board by its letter dated 18.07.2002

addressed to the General Managers, restrained them

from acting upon the Circular dated 26.02.2002 as the

same was stayed by the Hon’ble High Court of Madras

in W.P No. 25274 of 2002. A true copy of the letter

dated 18.07.2002 issued by the Railway Board is

produced herewith and marked as ANNEXURE P/6.

8. The Hon’ble High Court of Madras by its order dated

11.10.2002 in W. P No. 25274 of 2002, disposed off the

Writ Petition as devoid of any merit as the Petitioner

had failed to highlight any infirmity in the action of the

Railway Board. A true copy of the order dated

11.10.2002 passed by the Single bench of the Madras

High Court is produced herewith and marked as

ANNEXURE P/7.

9. The Southern Railway Mazdoor Union filed a Writ

Appeal No. 3168/2004 against the decision of the

Single Judge of the Madras High Court, dismissing its

 Writ Petition No. 25274 of 2002. The Hon’ble High

Court of Madras by its order dated 17.10.2003 was

pleased to reverse the finding of the Single Judge and

notice dated 26.06.2002, stating that the Railways

could not act in an arbitrary manner by imposing huge

cost and expenditure on itself and undermine the

recommendation of Railway Reforms Committee for

Recognition of Trade Unions and the limit of 30%

representation of Employees of a class was mandatory.

A true copy of the order dated 17.10.2003 passed by

the Division Bench of the Madras High Court in Writ

Appeal No. 3168/2004 is produced herewith and

marked as ANNEXURE P/8.

10. The Railway Board challenged the order dated

17.10.2003 passed by the Madras High Court in Writ

Appeal No. 3168/2004. The Hon’ble Supreme Court by

its order dated 08.03.2004 in SLP (C) No. 3716/2004,

while dismissing the SLP, observed that,

“the high Court’s reasoning for requirement of 30%

membership exclusively for the membership of
Union is upheld. The High Court has correctly relied
upon the decision of this Court in Food Corporation
of India Staff union vs. Food Corporation of India
reported in AIR 1995 Supreme Court 1344 to hold
that the method was a natural, rationale and viable
alternative.”
 A true copy of the order dated 08.03.2004 in SLP (C)

No. 3716/2004, passed by the Hon’ble Supreme Court

is produced herewith and marked as ANNEXURE P/9.

11. The Bharathiya Mazdoor Sangh filed a Writ Petition (C)

No. 23873/2005 before the Hon’ble High Court of

Delhi, contending that despite orders by the Apex

Court with regard to 30% membership for recognition

of the trade union, the respondent, Railway Board was

ignoring such criterion and was attempting to modify

the same behind the back of the petitioner. The main

objection raised by the petitioner was the attempt of

the railway Board to increase the minimum percentage

of Representation from 30% to 35%.

12. The Single Bench of this Hon’ble Court by its Order

dated 01.12.2006 held that the criteria of 30% was

fixed by the Hon’ble Supreme Court for granting

recognition to the Trade Unions had attained finality

and that the Committee was not empowered to alter

the same. The Court further directed the Committee to

consider holding elections in light of the 30% norm

fixed by the Supreme Court. It further directed that the

High Power Committee after obtaining views from all

active unions conduct elections as per the procedure

laid down by the Hon’ble Supreme Court in Food

 Corporation of India Staff union vs. Food Corporation of

India reported in AIR 1995 Supreme Court 1344. A true

copy of the Order dated 01.12.2006 passed by the

Single Bench of the Hon’ble High Court of Delhi in W.P

( C) No.2387/2005 is produced herewith and marked

as ANNEXURE P/10.

13. The Railway Board on 08.02.2007 filed LPA 23 of 2007

against the order of the Single Judge. This Hon’ble

Court while upholding the decision of the Single Judge

held that the Court had correctly relied upon the

decision of this Court in Food Corporation of India

Staff Union versus Food Corporation of India reported

in AIR 1995 Supreme Court 1344 to hold that the

method was a natural, rationale and viable alternative.

This Hon’ble Court, based on the submission of the

counsel for the appellant UOI, that the entire process

for holding election would be completed in terms of the

order dated 22nd March, 2007 within two months,

directed that the said order be complied at the earliest

and no

further extension shall be granted, the Court also made

it clear that if for any reason election cannot be

held within the stipulated time, the person(s)

responsible for the lapse shall be liable for the default.

A true copy of the Order dated 22.03.2007 passed

 by the Division Bench of this Hon’ble Court in LPA 23/

2007 is produced herewith and marked as ANNEXURE

P/11.

14. That as per the Directions of the of this Hon’ble Court

and the norms laid down by the Hon’ble Supreme

Court, secret ballot elections were held for the

recognition of the Trade Unions for the first time in the

country in November 2007. As per the final modalities

for the conduct of the election, the tenure of

recognition of the Trade Unions was fixed for ‘SIX’.

Years.

15. That after the completion of the tenure, the by virtue of

the final modalities issued vide Letter No. SBEC/Union

Elec.2012/ Modalities/1 dated 18.03.2013 tenure of

recognition of the Union was fixed as six years from the

date of declaration of results.

16. As per the Results declared on 02.05.2013 and in the

Southern Railways, Southern Railway Mazdoor Union

secured the requisite votes and got recognition. The

tenure of the recognition of SRMU by virtue of the final

modalities circulated on 18.03.2013, was to expire on

18.03.2019. However, the same was postponed in light

of the Lok Sabha Elections 2019. The Petitioner herein

thereafter made a representation to the General

Manager, Southern Railway, that the SRMU be striped

 of the benefits given to them as a precursor to the

impending Secret Ballot Election for recognition of

Trade Unions so as to create a level playing ground for

the Trade Unions. By the said representation, it was

also requested that the special facilities provided to

SRMU, like Office in Railway Premises, Union Offices

etc. be also withdrawn. The Petitioners have not

received any response from the authorities till date. A

true copy of the representation No. Secret Ballot-2019

dated 23.05.2019 made by the petitioner to the general

manager southern railway is produced herewith and

marked as ANNEXURE P/12.

17. The Railway Board vide its communication No.

2017/E(LR) III/LR/MISC/1 dated 31.05.2019 issued to

the General Railway Managers, notified that the next

Secret Ballot Elections fro Recognition of Railway Trade

Unions would be held in the Month of August 2019. A

true copy of the communication No. 2017/E(LR)

III/LR/MISC/1 dated 31.05.2019 issued to the General

Railway Managers by the Railway board is produced

herewith and marked as ANNEXURE P/13.

18. It was informed by the Railway Board vide

communication No. ERB-I/2019/23/24 dated

10.06.2019 that a committee was being constituted to

review and suggest fresh Modalities for the conduct of

 the Elections. A true copy of the Railway Board vide

communication No. ERB-I/2019/23/24 dated

10.06.2019 is produced herewith and marked as

ANNEXURE P/14.

19. In furtherance of its earlier communications, the

Railway Board vide its letter No. 2019/E(LR)III-SBE/1

dated 26.06.2019 directed the Railway Managers to

prepare and publish voters list pending the notification

of the Final Modalities. The letter fixed the final date for

publishing the final Voter’s List as 18.07.2019. A true

copy of the Railway Board letter No. 2019/E(LR)III-

SBE/1 dated 26.06.2019 is produced herewith and

marked as ANNEXURE P/15.

20. The Railway Board vide communication No.

2019/E(LR)III/SBE/1 dated 04.07.2019 in line with its

earlier communications informed that the Elections

were proposed to be held on 28 th and 29th of August

2019. The Secret Ballot Election Committee (SEBC)

had been constituted to supervise the elections and

that the said committee had reviewed the draft

modalities, which were required to be finalised after

receiving suggestions from the Trade Unions. A true

copy of The Railway Board communication No.

2019/E(LR)III/SBE/1 dated 04.07.2019 is produced

herewith and marked as ANNEXURE P/16.

21. The Railway Board vide communication No.

2019/E(LR)III/SBE/1 dated 08.08.2019, directed the

Railway General Managers to place orders for ‘Indelible

Ink Marker Pens’ for using in the Elections from M/s

Mysore Paints and Varnish Ltd. A true copy of the

Railway Board Communication No.

2019/E(LR)III/SBE/1 dated 08.08.2019 is produced

herewith and marked as ANNEXURE P/17.

22. The SBEC vide communication No.

2019/E(LR)III/SBE/1 dated 16.08.2019, published the

final Modalities for conduct of the Secret Ballot

Election 2019. A true copy of the SBEC communication

No. 2019/E(LR)III/SBE/1 dated 16.08.2019 is

produced herewith and marked as ANNEXURE P/18.

23. The Railway Board vide a communication No.

2019/E(LR)III/SBE/1Pt. dated 23.08.2019 addressed

to the General Managers of Zonal Railways informing

them that the Ministry of Railways has sanctioned

Rs.7,00,000/- each funds to the 17 Returning Officers

and 143 Presiding officers for the purpose of (i) Hiring

Vehicles; (ii) Supply of Indelible ink; (iii) Printing ballot

papers and (iv) other miscellaneous expenditure. A true

copy of the Railway Board vide a communication No.

 2019/E(LR)III/SBE/1Pt. dated 23.08.2019 is produced

herewith and marked as ANNEXURE P/19.

24. The Petitioner Union addressed a letter Lt. No. DREU/

CC/058/2019 dated 17.10.2019 to the Chairman

Railway Board, raising its concern on the undue delay

in conducting the Secret Ballot Election for Recognition

of the Trade Unions, despite the completion and

fulfilment of all the necessary formalities related with

conduct of election. A true copy of the representation

Lt. No. DREU/ CC/058/2019 dated 17.10.2019

addressed by the Petitioner Union is produced herewith

and marked as ANNEXURE P/20.

25. It is submitted that despite making the representation

the Railway Board has not taken any action in

furtherance of its Annexure P/13 to P/17 circulars

whereby the date of elections was proposed to be

conducted in the month of August, which the Petitioner

understands, has been deferred indefinitely, without

assigning any reason. Aggrieved by the apathy of the

authorities in taking any necessary steps to conduct

the Secret Ballot Elections -2019, the Petitioner is

forced to approach this Hon’ble Court for justice.

GROUNDS
(a) Because the action of the Railway Board as well as the

SEBC 2019 in not acting in furtherance of the Final

 Modalities 2019 and declaring the Elections is a

violation of Fundamental Rights of the the railway

employees and their right to be represented through a

Recognised Union in Permanent Negotiating Machinery

meetings, and other meetings, which aims to maintain

the employers contact with employees and to resolve

disputes and differences, which may arise between

Railway Employees and Administration. In the absence

of a Recognized Trade Union, elected by the employees

to represent their grievances, the employees would be

deprived of their basic constitutional rights. That after

the tenure of the Trade Union recognized through

earlier Secret Ballot Election, there is no valid and

recognized Trade Union to air and vent the employees

grievance.

(b) That the Respondents having been directed by this

Hon’ble Court to implement a democratic process for

conferment of Recognition on Trade union and to usher

in transparency and fairness in the process are bound

to conduct free fair and regular elections, and are

bound to ensure the duration of ‘Six Years’ as

stipulated in the Final Modalities fixed by the Secret

Ballot Election Committee appointed by it, for

conducting elections is strictly adhered to and

necessary steps are taken to conduct elections before

 the completion of the term, including finalization of

Modalities, Voters List, Ballot Papers etc. as in the case

of any other election process in the country.

(c) That the failure of the Respondents in holding regular

and timely elections is deprivation of the rights of the

workers, who have a right to be represented through a

Trade Union and is against the settled principles of fair

and free elections as held by the Hon’ble Supreme

Court of India.

“In a hallowed democratic body polity, the seminal

requirement is fair and timely election. Purity of election
abandoning any kind of dogmatic idea is consubstantial
to sustain the fundamental concept of democracy which
is a basic feature of our Constitution. If the thought of
democracy is sullied, the cornerstone of the rule of law is
corroded.”
Pramod Laxman Gudadhe VS. Election Commission of

India and Ors. ( SLP (C)NO. 9968 OF 2018)

(d) The delay in conducting elections after finalizing the

voters list and completing all the necessary formalities

would only assist the existing Trade Union to unfairly

utilize the time to manipulate and influence the voters

to the disadvantages of other Unions aspiring to

contest the Secret Ballot Elections 2019 for recognition

of Trade Union. The Petitioner believe that, Railway

officials in connivance with the existing Trade Union is

acting in unfair manner to give undue advantage to the

 Trade Union recognized in the previous election, which

is detrimental to the interest of employees and the

democratic process which was set in place by the

intervention of the Hon’ble Courts in the best interest

of the employees.

(e) The Delay in conducting the elections has permitted

the existing Trade Union to enjoy the Existing Facilities

granted to the existing Trade Unions, such as office

premises provided free of rent under PREM(erstwhile

CEG), card passes etc. for retaining their position,

which would give them unfair advantage over the other

Trade Unions interested in contesting elections.

(f) That the Railway Board under the directions of this

Hon’ble Court had set in place a mechanism following

the Hon’ble Supreme Court in Food Corporation of

India Staff Union vs. Food Corporation of India, (AIR

1995 Supreme Court 1344) and had conducted two

elections in 2007 and 2013 the tenure on both the

occasions was fixed as six years by the SEBC, the

action of the present Railway Board in deferring the

SBE-2019 indefinitely despite completing all requisite

formalities is an attempt to derail the well settled and

established democratic norms. The action of the

Railways permitting the existing Union to continue as

 such, after their tenure, without a fair and timely

election, is illegal and bad in the eyes of law.

(g) That the modalities to conduct secret ballot election

was introduced on the basis of the norms laid down by

the Hon’ble Supreme Court of India in Food

Corporation of India Staff Union vs. Food Corporation

of India, (AIR 1995 Supreme Court 1344) and two

elections were conducted in 2007 and 2013. The

Railway Board ought to have conducted the next

election in 2019 immediately after the expiry of the

present term. However, the act of Railway in deferring

the election indefinitely is an attempt to dilute the

process of free and fair elections for recognition of the

Trade Unions.

(h) That the Railway Board is bound to uphold the

democratic principles by conducting the secret ballot

election for recognizing Trade Union, on a date

immediately after the expiry of the tenure of the

present union. All formalities and procedures for the

same would had to be started by the Board even before

the completion of the tenure of a validly elected Trade

Unionin order to uphold the rule of law.

(i) That the conduct of the Railway Board makes it clear

that it is not acting in fair and independent manner

 and are is trying to delay the process of election for

reasons best known to it. Even after the period of six

months lapsed from the date of completion of the

tenure of the an elected body, no actions were initiated

by the Railway Board for the conduct of the next

election for the new elected body and nor did they

withdrawn the various facilities granted to the previos

Trade Union, SRMEU, including offices in the railway

premises, which are highly unethical and against due

process of law.

(j) That the Hon’ble Supreme Court of India had upheld

the decision of the High Court of Judicature of Madras

in Writ Appeal No.3168/2002 dated 17.10.2003

wherein it was observed,

“56…”……..The Railways are owned and operated

by Union of India. Its budget is to be passed by

Parliament. The monies expended by it are public

funds. Though the employees of the Railways are

Industrial employees and to a large extent the

Railways have to operate on commercial lines, the

Railway Board is very much required and enjoined

by Article 14 and to act reasonably, non arbitrarily,

and rationally. The Railway Board while it has

discretion to make policy, cannot act irrationally

and arbitrarily, undermine the very object of

 recognition, and expose the Railways to wholly

uncalled for expenditure of tens if not hundreds of

crores of rupees. Such irrational and arbitrary

action is wholly unsustainable.”

The observation made by the Hon’ble High Court made

it clear that the Railway Board has to act in a total

unbiased manner.

(k) That even after various representations given by the

Petitioner, and the publication of the final modalities

for conduct of the secret ballot election 2019 by the

SEBC vide communication No.2019/E9LR)III/SBE/I

dated 16.08.2019, till date the election process has not

been started which is totally erroneous and will vitiate

the entire process and ultimately end in misuse of the

public funds, which the Railway Board are not

supposed to do.

(l) The Petitioner feels that the Railway Board is acting

inconnivance with the Ministry of Railways and is

playing delaying tactics for the conduct of the secret

ballot election for recognizing Trade Union, in order to

help the present Trade Union which has already

completed its tenure, for reasons best known to them,

(m) Because the Petitioner have exhausted all the

remedies available to them and have approached this

Hon'ble Court as a representative of the Railway

 employees - aggrieved by the exploitation of the

employees/ members at the hands of the Railway

Board. The matter has been represented to the

authorities on several occasions but the Petitioner has

not received any favorable response.

26. The Petitioner states that it has not filed any other

application, petition or suit either before this Hon’ble

Court or any other court in India arising out of the

same subject matter except the one which is referred in

the earlier paragraph of this application.

PRAYER

That in the facts and circumstances mentioned herein above

it is most respectfully prayed that this Hon’ble Court may be

pleased to :-

(a) ISSUE a Writ, order or direction in the nature of

MANDAMAUS or any other Writ or Order or Direction,

directing the Respondent No.1 to take immediate steps

to notify Secret Ballot Election 2019 without any

further delay and; or

(b) ISSUE a Writ, order or direction in the nature of

MANDAMAUS or any other Writ or Order or Direction,

directing the Respondents to prepare and place before

this Hon’ble Court a permanent mechanism including

rules regulations and schedule for the conduct of

 Secret Ballot Election to ensure free fair and regular

elections; and/ or

(c) PASS such other or further orders as may deem fit and
proper in the interest of justice.

AND FOR WHICH ACT OF KINDNESS THE PETITIONER

SHALL DUTY BOUND EVER PRAY.

PETITIONER

Filed by:

Through

BIJU P. RAMAN
ADVOCATE
B 706, VARDHAMAN APARTMENTS,
MAYUR VIHAR PHASE I (EXTN.)
NEW DELHI – 110091
Mob: +91 9910527653, +91 9958179520
advbijuraman@gmail.com
Dated: 27.11.2019
New Delhi.