WageRevisionMeetingUpdatedNews

BSNL EMPLOYEES UNBSNL EMPLOYEES UNION
Recognised Union in BSNL
(Registered Under Indian Trade Union Act 1926. Regn.No.4896)
CHQ:Dada Ghosh Bhawan, Opp. Shadipur Bus Depot., New Delhi – 110008
Email: chqbsnleu@sify.com, website: bsnleuchq.com
Phone: (O) 011-25705385
V.A.N. Namboodiri (R) 011- 23342848
General Secretary Fax: 011- 25894862
BSNLEU/400 (Wage) 16.11.2009
To
Shri S.R. Kapoor,
Executive Director (Finance), BSNL,
& Chairman, Wage Negotiation Committee,
Bharat Sanchar Bhawan,
New Delhi – 110 001
Sir,
Sub:-Meeting of Wage Committee with unrecognized unions on 16-11-2009 –
reg.
Ref: BSNL No. BSNL/38-1/sr/2009 DATED 11-11-2009
This is in continuation of our earlier letter and SMS message on the above subject. In this
connection we submit that the meeting granted by the wage committee on behalf of the
management with the BSNL Workers Alliance, a group of some unrecognized unions, on
16-11-2009 is untenable and illegal, on the following grounds:
Membership verification was held through secret ballot and based on the results of that
secret ballot, BSNL Employees Union was given the status of representative union for nonexecutives
in BSNL for a period of two years, from January 2009 to January 2011.Thus
BSNL Employees Union was conferred with the status of sole bargaining agent during this
period. Besides, NFTE-BSNL was granted the right to represent the local grievances of its
members in certain circles where it got 50% or more of the total votes.
Thus through a procedure mutually agreed between the management and the unions that
participated in the verification, the above rights were conferred to BSNL Employees Union
and NFTE BSNL. Therefore as on date BSNL Employees Union is having the right to
represent the non-executive employees as their sole bargaining agent.
This being so, the above said meeting with the unrecognized unions for the purpose of
discussing the issues related to wage revision is nothing but an infringement on the right of
the representative union to act as the sole bargaining agent. As per the fifth schedule of the
Industrial Disputers Act, refusal of the management to negotiate in good faith with the
recognized union is an unfair labor practice. Refusal to cancel the said meeting with the
unrecognized union in spite of request from the recognized union is nothing but refusal to
negotiate in good faith with the recognized union.
Besides, it is to be remembered that BSNL is an instrument of the State and as per ArticlBesides, it is to be remembered that BSNL is an instrument of the State and as per Article
14 of the Constitution the State and its instruments are expected to act fairly. The judgment
given by the hon’ble Supreme Court in Food Corporation of India V. Kamadhenu Cattle
Feed Industries (AIR 1993 Supreme Court 1601) is relevant in this regard. After declaring
BSNL Employees Union as the sole bargaining agent based on a mutually agreed
procedure, encouraging some unrecognized unions and discussion with them on the issues
being bargained by the recognized union before the date of bargaining with the recognized
union is a most unfair practice aimed at diluting the importance of the bargaining with the
sole bargaining agent. Such an act by BSNL is violation of Article 14 of the Constitution.
Further in the judgment dated 21-12-1984 in Balmer Lawrie Workers Union V. Balmer
Lawrie And Co Ltd, the Supreme Court clearly specified the right of recognized union as
the sole bargaining agent. It is an unfair act on the part of BSNL management to try to
dilute this right of the recognized union by holding meeting with unrecognized union just
prior to the meeting with the recognized union on the same subject on which the
recognized union is bargaining.
Therefore you are requested to stop the scheduled meeting to be held on 16-11-2009 with
unrecognized unions on the issue of wage revision and conduct the meeting with the
recognized union as scheduled.
Yours Sincerely
(V.A.N.NAMBOODIRI)
GENERAL SECRETARY