H.M.T KARNATAKA SANGHA (A TRADE UNION REGISTERED UNDER THE TRADE UNIONS ACT), HMT MACHINE TOOLS LIMITED, REPRESENTED BY ITS GENERAL SECRETARY AND OTHERS Vs. THE HMT LIMITED REPRESENTED BY THE CHAIRMEN AND MANAGING DIRECTOR AND OTHERS

JUDGEMENT

(1.) THESE petitions are disposed of finally after hearing the learned Counsel for the Petitioners Sri. Subramanya Bhat for M/s. Subbarao and Company and Sri.V.S.naik, learned Counsel for Caveator/Respondent No 4 and Sri. Jagadish Mundargi, learned Government Advocate, who was directed to take notice for Respondent No. 3.

(2.) THE Petitioners grievance is that, the third Respondent is holding Referendum and to file the establishment according to each Union in the establishment is to take place on 18.12.2010 and as per the calendar of events, voting will also to be held on the same day. Petitioners 2 to 13 have not been permitted to vote in the Referendum. Therefore, referring to the -proceedings dated 09.12.2010 (Annexure - 'L') submission made by the Petitioners counsel is that, the other Unions have no objection for adding the persons who are working in Common Service Department (CSD) And therefore, in the face of no objection being taken by all the Unions, Petitioners 2 to 13 therefore could not have been deprived of voting on the aforesaid date in respect of the Referendum.

(3.) IT is also submitted by Sri. V.S. Naik that if the Petitioners 2 to 13 are aggrieved, they are at liberty to approach the Committee before the Referendum takes place and the Committee would consider their grievance in accordance with law.