VALLABHVIDYANAGAR MAZDOOR UNION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These Appeals are preferred by Vallabh Vidyanagar Mazdoor Union, Ahmedabad and Akhil Bharatiya Audyogik Kamdar Sangh, Surat against the common judgment delivered by the learned Single Judge in Special Civil Applications Nos.738 of 1998 and 4773 of 1998. In all, three matters were heard together by the learned Single Judge, who held that Annexure 'E' to Special Civil Application No.4773 of 1998 being illegal and invalid, must be quashed and set aside and allowed the petitions being Special Civil Applications Nos.4773 of 1998 and 4810 of 1998. So far as Special Civil Application No.738 of 1998 is concerned, the learned Single Judge held that the same is not tenable in law and it must be dismissed.

(2.) So far as Letters Patent Appeal No.1080 of 1998 is concerned, it arises out of Special Civil application No.738 of 1998. The petitioner prayed for a direction to the respondents nos.1 and 2 to hold election in order to find out as to who represents the majority of the workmen. The prayer was for the purpose of declaring as to which Union should be declared as a recognised union. The learned Single Judge has pointed out that the petitioner Union is a registered union under Trade Unions Act, 1926. The appellant claimed that more than 50 % workmen of the employer are the members of the said Union and therefore, the appellant Union must get the status of a recognised Union. It appears that a representation was made to the Deputy Labour Commissioner vide letter dated 16.6.1997 to grant recognition. The information required by the Deputy Commissioner of Labour was supplied. However, no recognition was given. It appears that the appellant was informed by Deputy Labour Commissioner by letter dated 5.11.1997 that as per information received from the Kaira District Cooperative Milk Producers Union Ltd., besides the appellant Union, four other Unions were operating in the establishment of the employer. The appellant came out with the case that the plea of four Unions to be operating is false and therefore, the request for a direction to hold election in order to find out as to who commands the majority.

(3.) So far as Special Civil Application No.4773 of 1998 is concerned, the employer challenged the order issued by the Deputy Commissioner of Labour dated 17.6.1998 directing to hold an election in order to find out as to which of the two unions, namely, "The Baroda Rayon Corporation Employees Union" or "Akhil Bharatiya Audyogik Kamdar Sangh", represents the majority of the workmen working with the employer. The employer contended that neither the Industrial Disputes Act nor any other Act empowers the Labour Commissioner or the Deputy Commissioner of Labour to issue such a direction to the employer. Considering the rival contentions of the parties, the Court expressed the views as aforesaid, against which the present Appeals are preferred.