Finalizing Modalities for holding Secret Ballot Elections in Trade Union Recognition on Zonal Railways, Metro Railway/ Kolkata, CLW/ Chittaranjan & RCF/ Kapurthala- Inviting suggestions by Railway Board vide order dated 28.12.2023
Most URGENT
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No.2023/SBEC-III/Policy/I
Rail Bhawan, New Delhi – 110 001, dated : 28.12.2023
The General Managers,
All Zonal Railways including
Metro Railway, Kolkata,
CLW/ Chittaranjan & RCF/ Kapurthala.
Sub: Inviting suggestions to finalize “existing Modalities for holding Secret Ballot Elections” for recognition of Trade Unions on Zonal Railways, Metro Railway/ Kolkata, CLW/ Chittaranjan & RCF/ Kapurthala.
Pursuant to order of Hon’ble High Court, Delhi on 03.08.2023 in WP(C) No.10879/2019 and 12840/2019 and subsequent order dated 14.12.2023, the next Secret Ballot Election (SBE) should be notified before 03.02.2024 for the purpose of granting ‘Recognition’ to registered Trade Unions. Such elections have been held in past in the years 2007 and 2013.
2. It may also be recalled that Railway Board, vide letters No.2017/E(LR)III/LR/Misc/1 dated 31.05.2019 and 2019/E(LR)II/SBE/ dated 26.06.2019, have already directed Zonal Railways to be in readiness to hold election in the month of August, 2019. Towards this end the Modalities framed by the last SBEC for 2013 elections were duly modified, circulated to all concerned and finalized as Modalities-2019 on 16.08.2019. These were uploaded on the official website of Railway Board. (Railway Board’s website — Directorates — Establishment — Establishment(LR) — Secret Ballot Election Committee-III. The proposed elections in 2019 however could not be held due to some unforeseen and unavoidable reasons.
3, In this connection, Railway Board, vide order No.ERB-I/2023/23/60 dated 17.11.2023, has constituted a “Secret Election Ballot Committee” (SBEC) to supervise and conduct elections etc. as per following Term of Reference (ToR).
(a) To review the modalities framed by earlier Committee for the elections held in April 2013 and frame modalities to conduct next Secret Ballot to recognize Railway Trade Unions.
(b) To discuss with stakeholders and considering suggestions regarding the modalities proposed.
(c) To form code of conduct/ discipline for the elections along the lines of Code of discipline of Ministry of Labour drawn in a manner suitable for Indian Railways.
(d) To function as a nodal body for conducting and supervising the secret ballot.
(e) To suggest a mechanism for arbitration on disputes arising out of elections.
(f) To propose recognition of Federation(s) at Board’s level.
4. It is requested that the existing Modalities of 2019 drawn on the basis of Modalities of 2013 and uploaded on the websites of Zonal Railways/ Divisions/ Units may be given wide publicity, with special emphasis on apprising the registered trade unions under their jurisdiction.
5. Comments/ suggestions may be invited from registered Trade Unions (TUs) desirous of participating in the ensuing elections and forwarded to Railway Board.
6. Interested Trade Unions may also give their suggestions in the following format only, on their official letter pad:-
| S.No. | Section/ Sub-section No. of existing Modalities of 2019 | Existing text of Modalities of 2019 | Changes Suggested | Justification for Changes |
| 1. | ||||
| 2. |
7. Railway authorities and Trade unions may also give their suggestions on any of the ToRs mentioned in para 3 above.
8. PCPOs may bring to notice of the Committee any point of interest, suggestion, etc peculiar to their jurisdiction.
9, Letters with such suggestions, on official letter pad, should be addressed to “Secret Ballot Election Committee — 2024” and it must reach Room No.548, Ministry of Railways, Rail Bhawan, New Delhi — 110 001 latest by 16:00 Hrs of 15.01.2024. The same can be sent at official email also: sbec[at]rb.railnet.gov.in.
(Rajiv Gandhi)
EDE(RRB)/ Railway Board and
Member Secretary & Convener,
Secret Ballot Election Committee
Copy to: JDECR) — for information
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