MUKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is a member of All Escorts Employees Union, respondent No.4 herein. He assails the election result dated 26.05.2017, declared on 27.05.2017 (Annexure P-6), in relation to the office-bearers of the said Union, on the ground that the said election was held in violation of the edict laid down by a learned Judge of this Court vide order dated 7.10.2014 in CWP-16228-2002, titled All Escorts Employees Union Vs. State of Haryana and others, which was confirmed on 20.04.2015 in LPA- 568-2015, titled All Escorts Employees Union Vs. State of Haryana and others, and was thereafter confirmed by the Supreme Court on 14.09.2015 in Civil Appeal Nos.12843-12844-2017, titled All Escorts Employees Union Vs. State of Haryana and others. He also seeks a direction to the authorities to ensure that elections are held afresh without including the employees of Yamaha Motor India (Private) Limited, in keeping with the aforestated judicial decisions.

(2.) The admitted facts, relevant for the purposes of this adjudication, are as follows:- All Escorts Employees Union (hereinafter, 'the Union') is a registered Trade Union in the State of Haryana. As per Clause 4 of its Constitution, any worker employed in any Escorts concern at Faridabad was entitled to become its member and an employee who left the job of any Escorts concern at Faridabad ceased to be a member of the Union. Hitherto, the concern named Yamaha Motors Escorts Limited was under the joint control of Yamaha Motor Company, Japan, and Escorts Limited, India. However, in 2001, Yamaha Motor Company, Japan, acquired the total shareholding in this concern and a new company, viz., Yamaha Motor India (Private) Limited came into existence. In consequence, the two plants of Yamaha Motors Escorts Limited at Surajpur and Faridabad ceased to be under the control of Escorts Limited, India. The employees of these two plants became the employees of Yamaha Motor India (Private) Limited.

(3.) While so, the Union held a General Body Meeting on 16.06.2001 and resolved that Clause 4 of the its Constitution, relating to membership, should be amended so as to permit inclusion of workers of industrial units which were originally established by Escorts Limited, India. The Union thereupon made an application on 25.06.2001 to the Registrar of Trade Unions, Haryana, to accept and register the aforestated amendment. However, by order dated 28.08.2002, the Additional Registrar-cum-Joint Labour Commissioner, Haryana, rejected the request of the Union. Aggrieved thereby, the Union filed CWP-16228-2002 before this Court. The said writ petition was dismissed by a learned Judge on 7.10.2014 and the said dismissal stood confirmed in appeal, in LPA-568-2015, on 20.04.2015. The Union chose to approach the Supreme Court assailing the correctness of the orders passed by this Court, culminating in the dismissal of its LPA No.568- 2015 on 20.04.2015. However, the Supreme Court also dismissed its appeal, vide judgment dated 14.09.2017 passed in Civil Appeal Nos.12843 and 12844 of 2017.