WORKMEN OF THE KAMPLI CO-OPERATIVE SUGAR FACTORY LTD. Vs. MANAGEMENT OF THE KAMPLI CO-OPERATIVE SUGAR FACTORY LTD.

JUDGEMENT

(1.) THE petitioner is a registered Trade Union. It was recognised by the Management of the Respondent - Kampli Co -operative Sugar Factory Limited, by an order dated 30th January, 1978 and directed to follow the Code of Discipline.

(2.) BY two letters dated 23rd October 1984 and 23rd November, 1984, the Secretary of the Respondent -Society asked the petitioner -Union to supply a list of its Membership failing which the recognition of the petitioner was to be cancelled. Instead of supplying the list asked for, the petitioner wrote back to say that the matter had been referred to its Legal Adviser and that the details shall be conveyed after an opinion is received from him. The Respondent, thereupon served a show cause Notice to the petitioner calling upon him to explain as to why should the Union be not derecognised. Having invoked no response from the petitioner, another notice was served upon it on the 26th/27th of December, 1984 giving one more opportunity to the petitioner to furnish the list demanded.

(3.) I have heard the learned Counsel for parties at length. Mr. Kaleemulla Shariff, learned Counsel appearing for Respondent argued that no Writ can issue against the impugned order as neither was the Respondent -Society an Authority within the meaning of Article 12 of the Constitution nor has the impugned order of derecognition, any statutory flavour. Mr. Subba Rao, appearing for the petitioner on the other hand contended that the Respondent -Society was amenable to the Writ jurisdiction of this Court, as it was discharging a public function which, according to him was sufficient for the purpose.