LAWS(KAR)-2003-2-15

BHEL EMPLOYEES ASSOCIATION Vs. UNION OF INDIA

Decided On February 17, 2003
BHEL EMPLOYEES' ASSOCIATION Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) SINCE, in all these petitions common questions have been raised and arose for consideration, all these petitions along with a few other connected petitions were taken up for hearing together.

(2.) THE petitioner in Writ Petition No. 7405 of 2002 and Writ Petitions Nos. 8891 to 9021 of 2002 is the BHEL Employees' Association which is a registered trade union under the Indian Trade Unions Act, 1926 (hereinafter referred to as "the Trade Unions Act"). It is claimed by the petitioner in the said petitions that the petitioner-association represents the interest of the workmen numbering around 1,100 employed in the Electronics Division of the Bharat Heavy Electricals Ltd. (hereinafter referred to as "the BHEL") ; and these petitions have been filed by the association on behalf of the members who are residing in the BHEL quarters and also in the colony belonging to the BHEL.

(3.) IT is the case of the petitioners that the respondents in these petitions are either Government of India companies, or banks or public sector enterprises and they are functioning under the administrative control of the Government of India and all of them are instrumentalities of the State within the meaning of article 12 of the Constitution of India. IT is also the case of the petitioners that the respondent-companies, undertakings and banks provide residential accommodation/quarters either constructed and owned on their own or taken on lease for the purpose of allotting the same to its employees and they also advance loans either free of interest or at concessional rate of interest.