BIJOY KUMAR GOGOI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. A. C. Buragohain, learned Sr. Counsel for the petitioner. Also heard Mr. N. Borah, learned Central Govt. Standing Counsel appearing for the respondent Nos 1,2 and 3 as well as Mr. M. G. Singh, learned counsel appearing for the respondent No. 5.

(2.) THE controversy in this case relates to election for determining the strength of two registered Trade Unions operating in the ONGC area, namely (i)Assam Asset (Nazira and Sivasagar) and (ii) Assam and Arakan Basin (Jorhat ) and grant of recognition to the Union securing the highest number of votes as the recognized trade union.

(3.) BEFORE holding the proposed election, series of meetings were held between the registered Trade Unions and the representatives of the Management and the representatives of Regional Labour Commissioner (Central) for determining the procedure and modalities for execution of the election process. Minutes of the meeting were reduced in the form of an order which was published on 29. 2. 2008 (Annexure-B to the writ petition ). As this order was issued after obtaining the views and consent of all the parties participated in the tripartite meeting as mentioned above, the same is to bind upon the parties who/ which participated in the meetings. According to Para 18 of the order dated 29. 2. 2008 issued by the respondent No. 2, the Returning Officer is empowered to decide any dispute on the validity of any used ballot papers and this necessarily implies that when such dispute is raised in the aforesaid manner , the Returning Officer is bound to take a decision. Paragraph -18 of the order dated 29. 2. 2008 is quoted hereinbelow: