State, not Centre, is competent to hold ISP Burnpur union polls: High Court

Kolkata: The Calcutta High Court has quashed the election process initiated for recognition of trade unions at SAIL’s IISCO Steel Plant (ISP) in Burnpur, holding that the state government—not the Centre—is the appropriate authority to oversee such polls, since all the concerned unions operate only within West Bengal.

The bench of Justice Shampa Dutt (Paul) viewed and modified an earlier order of February 25, 2025, which the office of the Deputy Chief Labour Commissioner (Central) had relied upon to begin verification and issue a schedule for secret-ballot elections at ISP Burnpur. The court noted that the petitioner-unions, representing several hundred workers, were not made parties to that earlier case even though the order directly affected their interests. Observing that this amounted to a violation of natural justice, the judge said the review was necessary “to prevent miscarriage of justice”.

It was undisputed, the court held, that all seven trade unions functioning at ISP Burnpur are registered under the West Bengal Trade Unions Act, 1926, and their activities are confined within the state. Consequently, “the appropriate authority to conduct the election in this case is the state government,” Justice Dutt ruled.

The judgment further recorded that the earlier petitioner, Burnpur Ispat Karmachari Sangh, had not disclosed this crucial fact, and that the omission had not been pointed out by counsel for SAIL during the previous hearing. The lapse, the judge said, had necessitated a review to correct the record and prevent prejudice to the other unions. Quashing the April 22 and April 28 notices—including the meeting minutes and election schedule—issued by the Central Labour Commissioner’s office, the court directed the State Labour Department to carry out a fresh verification for union recognition and “make all endeavour to complete the process preferably within three months”.

“The elections have been stalled for a long period causing prejudice to employees/workers,” the court observed, urging the state authorities to ensure a fair, transparent and timely process that restores industrial harmony at the Burnpur plant.