SOUTHERN RAILWAY MAZDOOR UNION Vs. SOUTHERN RAILWAY

JUDGEMENT

(1.) THIS petition is filed by the Southern Railway Mazdoor Union represented by its general secretary for the issue of a writ of certiorari to call for the records on the file of the General Manager, Southern Railway, and to quash his order dated 21 September 196s, withdrawing recognition to the petitioner-union.

(2.) THE petitioner is a trade union registered on 13 February 1961 under the provisions of the Trade Unions Act, 1926. Classes III and IV employees of the Southern Railway are members of the petitioner-union and the strength of membership of the petitioner-union as on 31 December 1967 is 43,737. The petitioner-union was recognized by the railway by its order dated 21 September 1963.

(3.) THE central executive council of the petitioner union met at Coonoor on 25 and 26 June 1963 and passed a resolution deciding to advise the members to go on a token strike on 19 September 1968. The resolution was conveyed to the railway on 3 September 1968. On 13 September 1968 the Central Government passed an Ordinance prohibiting the staff from going on or joining the strike, and providing certain consequences such as break of service which would follow from the participation of the strike. The Ordinance was published on 14 September 1968. On 19 September 1968 several members of the petitioner-union went on a token strike. The petitioner states that the union as a union did not go on a strike. On 21 September 1963, the impugned order withdrawing recognition was passed.