VALLABHVIDYANAGAR MAZDOOR UNION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Rule. In view of facts and circumstances of these three petitions they are taken for final hearing with the consent of learned Advocates for both the sides.

(2.) . The three petitions are pertaining to one and the same question of the law. Therefore, they are heard together in view of involvement of common question of law and in the interest of the parties and with consent of all the parties. I have permitted besides the learned Advocates for the parties in these three petitions, Mr. P;Chidambaram, Working President of Gujarat Mazdoor Sangh and Mr. H. K. Rathod,. teamed Advocate representing Gujarat State Road Transport Corporation Karmachari Sangh and Other Unions to address this Court.

(3.) . The Special Civil Application No. 738 of 1998 is filed by Vallabhvidyanagar Mazdoor Union, seeking writ of mandamus and to direct the respondents to hold an election in Amul Dairy-respondent No. 2 for the purpose of giving the recognition to the petitioner-Union. It is claim of the petitioner that the petitioner-Union is registered under Trade Unions Act, 1926 and it has got enrolling of the workmen of respondent No. 2 and more than 50% of the workmen of respondent No. 2 are the members of the said Union and therefore, the petitioner's Union is entitled to get the status of recognised Union. This Union has made representation to the respondent No. 1 by letter dated 16-6-1997 to give such recognition. Thereafter, as desired by the respondent No. 1 - Deputy Commissioner of Labour, all the information sought by him were supplied. But, even in spite of the same, no recognition is given to the petitioner. But by letter dated 5-11-1997, petitioner is informed that besides the petitioner-Union, other four Unions are operating in the said employer, and employer does not wish to record approval to any of the Unions. According to the petitioner, the claim of the respondent No. 2 that besides the petitioner, there are four other Unions operating there is false. Petitioner, therefore, seeks a direction to direct the respondent Nos. 1 and 2 to hold an election in order to find out as who is having the majority of the workmen and then to issue the recognition of a recognised Union to the petitioner.