JUDGMENT : Pendse, J. Rule, returnable forthwith. Shri Desai waives service on behalf of the respondents. Heard counsel. The controversy in this petition filed under Article 226 of the Constitution of India stands concluded by decision of Supreme Court reported Union of India (UOI) and Another Vs. M.T.S.S.D. Workers' Union and Others, Only few facts are required to be stated to appreciate the grievance of the petitioners. 2. Petitioner No. 1 is a trade union registered under the Trade Unions Act and represents 85% of the workmen of Gola Barud Ammunition Depot at Dehu Road, a department of Government of India, which is an industrial establishment within the meaning of Section 2(j) of the Industrial Disputes Act. Section 3 of the Industrial Disputes Act provides for constitution of a Works Committee in each industrial establishment, and such Works Committee is constituted in the Ammunition Factory at Dehu. The grievance of the petitioners is that the Committee is not constituted in accordance with the prescribed rules. The Commandant of the Ammunition Depot issued an order dated December 31, 1990 that fresh elections to the Works Committee for the year 1991-93 will be held on multiple constituencies basis. The General Secretary of the petitioner union informed the Commandant that in view of the decision of the Supreme Court, it is not permissible to hold elections on the basis of multiple constituencies. The Commandant took the view that the decision of the Supreme Court was applicable only to the cases before the Supreme Court. The action of the Commandant has given rise to filing of the present petition. 3. Shri Phadnis, learned counsel appearing on behalf of the petitioners, submitted that the action of the Commandant is unsustainable. The Central Government has framed rules known as Industrial Disputes (Central Rules) of 1954 and Rule 42 provides that where a trade union has membership of more than 50% of the employees, then there is no need for any division of constituencies and election should be held by general vote of workers in the Industry. The Central Government has framed rules known as Industrial Disputes (Central Rules) of 1954 and Rule 42 provides that where a trade union has membership of more than 50% of the employees, then there is no need for any division of constituencies and election should be held by general vote of workers in the Industry. Shri Phadnis submits, and in our judgment with considerable merit, that the decision of the Commandant to hold election by multiple constituencies basis is in violation of Rule 42 and the decision of the Supreme Court Shri Desai, learned counsel for the respondents, was unable to sustain the action of the Commandant in view of the decision of the Supreme Court In our judgment, the petitioners are entitled to the relief. 4. Accordingly, petition succeeds and rule is made absolute in terms of prayers (I) and (II). There will be no order as to costs.