CHENNAI: The Madras High Court has held that Class I and II employees of a firm are also entitled to cast their votes in an election held for recognising the employees union for the purpose of conducting negotiations with the management on labour issues including wage revision. In such elections, the union which secures 51% and above votes is recognised for holding negotiations in its representative capacity.
Justice D Bharatha Chakravarthy made the ruling in a case filed by the AIADMK-affiliated Tamil Nadu Nugarporul Vaniga Kazhaga Anna Thozhir Sangam seeking to quash the election notification issued for choosing the union recognised for holding negotiations on labour issues and wage revision with the management.
The petitioner-union raised certain allegations against inclusion of Class I and II employees in the electoral rolls, permitting seasonal workers to cast votes and lack of adequate time in the election to choose the recognised union for workers attached to the Tamil Nadu Civil Supplies Corporation (TNCSC).
Referring to the provisions of the Industrial Relations Code, 2020, the judge said that from the proviso, it can be seen that for the purposes of Chapter III which is inclusive of the provision to recognise the trade union, all the persons employed are to be taken into account.
“As rightly pointed out by the senior counsel appearing on behalf of the 4th respondent union, even under the erstwhile Trade Unions Act, 1926, the definition was to include all the persons with reference to ‘trade dispute’ is concerned. In view thereof, the first argument made by the counsel for the petitioner that Class I and II employees cannot vote cannot be sustained,” the judge said in the recent order.
Referring to the seasonal workers’ inclusion in the electorate, the judge said it was decided in a case by the court in 2022.
Refusing to quash the election notification issued on October 27 and amended on November 19, 2025, the judge directed the parties concerned to strictly adhere to Section 14 of the Industrial Relations Code, 2020, in the case of deciding the representative capacity. He said the union securing 51% and above shall be recognised as the negotiating union and if none crosses the 51% mark, a negotiating council will be formed with representation from unions that have obtained 20% votes.