I SRINIVASA RAO Vs. COMMISSIONER OF LABOUR

JUDGEMENT

(1.) This writ petition is filed seeking a mandamus declaring the action of the second Respondent in issuing Letter No. B1/2376/2009 dated December 15, 2009 in not including the names of 147 Badli Workers to participate in the ensuing elections which is being conducted on December 30, 2009 as arbitrary, illegal and amounts to unfair labour practice and also violative of Articles 14 and 16 of the Constitution of India.

(2.) This Court, while ordering notice before admission on December 23, 2009, directed that proposed election may go on, however, the Returning Officer shall permit the Petitioners and other Badli Workers to cast their vote, but their votes shall be kept aside.

(3.) The short question that arises for consideration, in this writ petition, is as to "whether the Badli Workers of an Industry are entitled to participate in the voting when verification of membership of the Unions is being conducted."