PURVOTTAR RAILWAY SRAMIK SANGH Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard learned counsel for the parties at length and perused the record of the case carefully.

(2.) The petitioner has invoked the extra-ordinary jurisdiction of the Court under Article 226 of the Constitution praying for following reliefs:

(3.) The petitioner has approached the Court alleging that it is a Union of Class III and IV Railway employees registered under the Trade Union Act and is a body corporate under Section 13 of the said Act. In the year 2007 Secret Ballot Election for recognition of trade union was held by respondent no. 1 and the petitioner having secured 48% votes and recognized trade union of the railwaymen. In the 2013 election the respondents no. 3 to 4 adopted partial attitude and permitted the respondent no. 5 to violate the provisions of the Code of Conduct and Code of Discipline of Final Modalities for Secret Ballot Election and did not take action against respondent no.5. The petitioner had challenged the proceedings of secret ballot election mainly only on the following grounds: