New Delhi, Nov 18 (PTI) The Bombay High Court has allowed the All India Railway Track Maintainer Union to contest the railway trade union election, rejecting the Railway Board's contention that the union's name indicates that it represents the interest of track maintainers only.
The court held on November 14 that the order passed by the competent authority of the Railway Board on November 11 "is perverse and, therefore, by way of interim relief shall stand stayed".
"The members of the petitioner union, whose nomination forms have been rejected, stand accepted. They would be eligible to contest the elections," the court held.
The All India Railway Track Maintainer Union had challenged the Railway Board's order rejecting the nomination forms of its 24 candidates on the solitary ground that the name is deceptive and that it "does not indicate that it represents all the categories of the employees working in the non-gazetted departments".
The Railway Board argued that the title of the AIRTU gives an impression that only track maintainers can become a member of the union which is against the eligibility conditions for trade unions.
According to the eligibility conditions for trade unions to contest elections, a contesting trade union should be registered under the Trade Union Act of 1926 for at least one year as on December 31, 2023.
The other condition is that it must represent the interests of all non-gazetted railway servants.
The court found that the AIRTU is a registered union and it has been in existence for more than one year.
The court went through the amended constitution of the AIRTU, according to which "any Indian who has attained 18 years of age and is an employee in any department of the Indian Railways in the entire country in the non-gazetted category, can pay annual fees of Rs 100 as union subscription and become a member of the union".
While looking at the AIRTU's constitution, the court said that the scope of the constitution of the union covers all 17 zones of the Indian Railways Manufacturing Units and Konkan Railway and the object of the union is to organise railway employees of all divisions working in the manufacturing units in all zonal railways of the Indian Railway in every city in India and to regulate their relations with the employers.
Permitting the AIRTU to contest elections, the high court said, "Prima facie, we are of the view that the respondents (Railway Board) have superficially considered the status of the petitioner (AIRTU) union."
It further said that the language of the impugned order "indicates that though the authority was aware that the trade union by-laws contain a clause that the union represents all railway servants, the authority ignored the said clause and reached its conclusion that the name of the union indicates that they cater to a particular category".
The high court gave the relief to the AIRTU on the last day for the withdrawal of the nominations, November 14, as it did not want to disturb the election schedules.
Earlier, the Delhi High Court on September 17, prescribed a strict timetable according to which elections are to be concluded and declaration of results has to occur on or before December 12.
Ram Naresh Paswan, general secretary, Central Railway Track Maintainers Union, one of the zonal chapters of the AIRTU, expressed gratitude to the high court and said that the court has upheld the rule of democracy by allowing the union to contest the elections.
Many other railway unions and associations have welcomed the high court's decision and extended their support to the AIRTU in the forthcoming elections.
Navin Kumar, national president, Indian Railway S&T Maintainers Union said that it is a great victory to all ground-level railway staff who are facing various root-level problems.
The All India Guards Council, All India Loco Running Staff Association of South Eastern Railway Zone and the All India Railway Mazdur Sangthan have also issued letters in support of the AIRTU.