President of Bengaluru Metro Rail Employees Union (Reg) Vs Management of Bangalore Metro Rail Corporation Limited (Karnataka High Court)
Karnataka High Court heard the case of the Bengaluru Metro Rail Employees Union (Reg) versus the Management of Bangalore Metro Rail Corporation Limited (BMRCL), where the petitioner sought recognition for their union. The petitioner, a registered employees’ union, had requested the recognition of their union in a letter dated February 24, 2021, but BMRCL had not granted this recognition. The union invoked writ jurisdiction to demand recognition, arguing that their case merited such an action.
The Court noted that there is no statutory provision in the State of Karnataka that governs the recognition of trade unions. The recognition of a union, as per the law, is at the discretion of the employer and cannot be compelled through a writ petition. The Court referred to the case of Workmen of the Kampli Co-operative Sugar Factory Ltd. vs. Management of the Kampli Co-operative Sugar Factory Ltd. (ILR 1994 KAR 1566), which established that trade union recognition is not enforceable as a right without a statutory provision. The petitioner’s reliance on other legal precedents was found inapplicable to the present case. As a result, the writ petition was rejected, and the Court ruled that the recognition of the union could not be enforced by judicial intervention.
