WORKMEN Vs. KUDREMUKH IRONORE COMPANY LIMITED BANGALORE

JUDGEMENT

(1.) THE petitioner's Union seeks (a) writ of certiorari to quash the impugned order/endorsement dated 9-9-2004 vide Annexure-A passed/issued by the 1st respondent, by which the petitioner-Union is directed to vacate and surrender the Sampath Bhavan Annex Building and (b) writ of mandamus directing the respondent 1 to grant promotions due to the employees (non-executives) since 2003 in terms of Promotion Rules contained in annexure-F and certain other incidental reliefs.

(2.) HEARD Sri M. C. Narasimhan, learned Senior Counsel appearing on behalf of the petitioner-Union, Sri Subbarao, learned Senior Counsel appearing on behalf of the respondent 3-Union and Sri Kasturi, learned senior Counsel appearing on behalf of the contesting respondent 1 and perused the material on record.

(3.) THE brief facts of the case are that: the respondent 1 is a public sector undertaking engaged in Iron Ore mining operation, its marketing and other connected business; that it is a State within the meaning of article 12 of the Constitution of India; that the petitioner-Union and respondent 3 are the Trade Unions representing certain workmen under their respective roles, employed by the 1st respondent; the petitioner-Union was recognised by the management of the 1st respondent after holding secrete ballot amongst the concerned workmen in the year 2002; that on expiry of recognition on 8-9-2004, the management has issued the impugned order/endorsement directing the petitioner-Union to vacate the association building located in Sampath bhavan Annex building and surrender the premises of the Union office.