ASBESTOS KAMGAR UNION Vs. ASBESTOS JANATA MAZDOOR UNION

JUDGEMENT

(1.) PETITIONER is a registered Trade Union which has been organised as a representative union under Section 13 of the M. P. Industrial Relations Act, 1960 (for short the 'act') for the employees in respect of the industry Eternit Everest Ltd. , Kymore. The Respondent No-1 in Form E of Rule 17 and Section 17 of the Act applied before the Registrar of Representative Unions for being recognised as representative union in place of petitioner, as the Respondent No. 1 claimed its membership to be more than 51 per cent of the employees employed in the industry. The Respondent No. 3 issued notice and called for the necessary information as required by Section 17 and Rule 17. The petitioner, after notice raised a preliminary objection that the application in Form-E is not signed by the General Secretary or the Secretary of the Union, hence, prayed for rejection of the application. The Respondent No. 3 rejected the objection. The petitioner preferred an appeal under Section 22 of the Act, wherein it was complained that the petitioner was not heard as on the date of hearing i. e. on May 23, 1994, the case was adjourned to May 27, 1994, which the counsel for the petitioner noted in the order sheet. The Industrial Court did not accept the contention, as the petitioner did not file affidavit of the counsel who noted the date. On merits, the learned Member Judge of the Industrial Court came to the conclusion that neither Section 17 nor Rule 17 provides that the application should only be signed by the General Secretary or the Secretary of the Union, even though, it is provided in the Form-E. As the application is signed by the President who is a superior office bearer of the Union, the defect is not fatal; utmost, it is merely an irregularity. Aggrieved of that order the petitioner has filed this petition under Articles 226 and 227 of the Constitution of India.

(2.) SHRI L. P. Bhargava, Senior Advocate with Shri R. K. Gupta for the petitioner and Shri N. S. Kale for the Respondent No. 1 heard.

(3.) AFTER hearing counsel, this Court is of the opinion, that the petition has no merit for reasons to follow. Chapter III of the Act deals with the recognition of Representative Unions and Associations of Employers. Any Registered Trade Union desirous of its recognition as a Representative Union in respect of any industry in a local area, has to apply under Section 13 of the Act. Section 14 deals with the conditions of recognition. Section 15 speaks of the Registrar of Representative Unions. Section 16 deals with the cancellation of recognition. Section 17 deals with recognition of another Union in place of existing Representative Union. If a Union applies for its recognition in place of existing Representative Union, it has to apply under Section 17 and in the manner laid down in Rule 17. For proper appreciation, it will be appropriate to quote Section 17 and Rule 17 of the Act at one place: Section 17:-