New Delhi, Aug 04: .The Supreme Court has set aside an Orissa High Court ruling that the management or employer cannot outrightly refuse to have discussions with a non-recognised union in matters relating to service conditions of individual members and the other matters incidental thereto. Allowing a review petition filed by chairman, State Bank of India, a bench comprising Justice K G Balakrishnan and Justice B N Srikrishna said "there is no common law right of a trade union to represent its members, whether for the purpose of collective bargaining or individual grievances of members".

The high court, acting on a petition filed by all Orissa State Bank Officers Association, had said that though the non-recognised unions may not have the right to participate in the process of collective bargaining with the employer over issues concerning the workmen in general, they had the right to meet and discuss with the employer or any person appointed by him on issues relating to individual grievances of employee.
The Supreme Court had on May 6, 2002, dismissed the petition filed by chairman, SBI, and upheld the views of the Orissa High Court.

Entertaining the review petition, Justice Srikrishna, writing for the bench, said that even the majority union could not as a matter of right discuss individual members' case with the management or employer.

Bureau Report