SATNA CEMENT Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of two Writ Petitions, namely, (i) Writ Petition No. 84 of 1985 Maihar Cement Karamchari Sangh. Maihar v. Registrar of Representative Union and Ors. , and (ii) Writ Petition No. 846 of 1986 Satna Cement Factory Tatha Quarry Mazdoor Congress, Satna v. The State of M. P. and Anr.

(2.) THE facts have been taken from writ petition No. 846 of 1986. The Satna Cement Factory Tatha Quarry Mazdoor Congress, Satna figures as a petitioner. It is a registered trade union. The requisite recognition has been granted under the Trade Unions Act, 1926. There is a further recognition given to this union under the M. P. Industrial Relations Act, 1960 (hereinafter referred to as the Act of 1960 ). The requisite certificate of recognition has been placed on the record as Annexure P/3.

(3.) BEFORE noticing the events which led to the filing of this petition, another fact be also taken note of. The Trade Unions are given recognition for the local areas as envisaged by M. P. Industrial Relations Act, 1960. The term 'local area' has been defined in Section 2 (23) of the Act. The petitioner- Union was a recognised union for the Satna district. However, vide Annexure P/4, there was re-defining of local areas. A separate local area for Tehsi I Maihar was carved out. This led to a show cause notice being issued to the present petitioner. Their status, as recognised, was sought to be re-determined. The reply has been given. Thereafter, an order has been passed on January 9, 1985. By this order, the petitioner-Union has been recognised as the representative union for Maihar Tehsil also. It has been concluded that it has 35% of the membership with it. This factor was taken into consideration for giving it recognition for Maihar Tehsil.