INDIAN AIRLINES TECHNICAL ASSISTANTS UNION HYDERABAD Vs. CHAIRMAN AND MANAGING DIRECTOR INDIAN AIRLINES HEAD QUARTERS NEW DELHI

JUDGEMENT

(1.) This petition seeks a writ of Mandamus to direct the respondent to recognise the petitioner-union and to negotiate with it with regard to the conditions of service of its members.

(2.) The petitioner-Union was registered under the Trade Unions Act on 7-10-1992. It consisted of a category of workmen, known as Technical Assistants and its object was to seek betterment of its members with regard to their service conditions. It is stated that there were certain matters relating to their service conditions which were in dispute between the employees and the management and when several representations were made, the management turned a blind eye to them. The main averment in the petition is that the respondents were negotiating with Air Corporation Employees Union which was a majority union and since the petitioner was not satisfied with the efforts of that union, a separate recognition of the petitioner-union was required. Subsequently, by Ordinance No. 4 of 1994, the respondent-undertaking has been converted into a Public Limited Company, but the entire shares are held by the government of India. Thereupon, the petitioner filed an application to amend the writ petition to pursue the same against that Company.

(3.) The respondents filed a counter-affidavit stating that it is not open to any group of persons or even an union to claim that they should be recognised as there is no right for recognition. It was also stated that Section 18 of the Industrial Disputes Act provided that the settlement entered into with the union will be binding only on the members of the Union and therefore the petitioner-Union will not be affected by any settlement with the majority union and that the petitioner-Union had its own remedies by way of raising a dispute and have it settled by the Industrial Tribunal.