JUDGMENT 1. (ORAL) - I have heard learned counsel for the parties at length. The management of the M/s. N.E.I. Ltd. has sought a clarification of the order dated 14h August, 1996 passed by this Court in S.B.C. Revision Petition No. 1075/96 whereby this court had directed the Regional Labour Commissioner-cum-Conciliation 'Officer (here-in-after referred to as the authority) to pass the final order in respect of the reference made earlier by the Management of N.E.I. Ltd. on 16.7.1994. In terms of the said order, this court had restrained Respondent No. 1 not to hold any elections of the works committee pending the decision of the said authority. 2. During the course of hearing learned counsel for the petitioner has placed on the record of this court a copy of the order dated 10th September, 1996 passed by the aforesaid authority, whereby the said. authority in the operative para of the said order has recorded a finding to the effect that it is not necessary for the Management of the N.E.I. Ltd. to constitute two separate groups of the workers for the purpose of identifying the voters who would be participating in the election which includes members as well as non-members of the respective unions as per the Rule 42 of the Rajasthan Industrial Disputes Rules, 1958 (hereinafter referred to as the Rules). 3. During the course of hearing Shri A.K Sharma learned counsel for the Applicant has, laid emphasis on Rules 39, 41 & 42 of the Rules and he, has vehemently stated at the bar that the authority had passed the impugned order dated 10.9.96 in flagrant disregard of the directions given by this court and also in disregard of the provisions as envisaged under the aforesaid Rules. For the sake of convenience, I deem it appropriate to refer to the said Rules which are reproduced here-in-below : 39. Number of members-The Number of members constituting the committee shall be fixed so as to afford representation to the various category, groups and classes of workmen engaged in, and to the sections, shops or departments of the establishment. 41. Consultation with Trade Unions-1. Number of members-The Number of members constituting the committee shall be fixed so as to afford representation to the various category, groups and classes of workmen engaged in, and to the sections, shops or departments of the establishment. 41. Consultation with Trade Unions-1. Where any workman of an establishment are members of a registered trade union the employer shall ask the Union to inform him in writing (a) how many of the workmen are members of the union; and (b) how their membership is distributed among the sections, shops or departments of the establishments. 2. Where an employer has reason to believe that the information furnished to him under Sub-Rule by any Trade Union is false, he may, after informing the Union, refer the matter to the Conciliation Officer concerned for his decision and the Conciliation Officer after hearing the parties shall decide the matter and his decision shall be final. 42. Group's of workmen's representative - On receipt of the information called for under Rule 41, the employer shall provide for the election of workmen's representatives on the committee in two groups-1. those to be elected by the workmen of the establishment who are members of the registered Trade Union or Unions, and; 2. those to be elected by the workmen of the establishment who are not members of the registered Trade Union or Unions; bearing the same proportion to each other as the Union Members of the establishment bear to the non-members : Provided that where more than half the workmen are members of the Union or any one of the Unions, no such division shall be made : Provided further that where a registered Trade Union, neglects or fails to furnish the information called for under Sub-Rule (1) of Rule 41 within one month of the date of the notice requiring it to furnish such information, such union shall for the purpose of this Rule be treated as if it did not exists : Provided further that where any reference has been made by the employer under Sub-Rule (2) of the Rule 41, the election shall be held on receipt of the decision of the Conciliation Officer. 4. 4. Learned counsel for the petitioner has contended at the bar that Rule 41 which specifically mandates that where there is more than one Trade Union in an establishment, the employer is within his rights to direct the Unions to give him information in writing : (a) how many of the workers are the members of the Union; (b) how their membership is distributed among the sections, shops and departments of the establishments. 5. In case the employer is not satisfied with the information furnished to him by the respective Trade Unions, it is always open to the said employer In accordance with the requirements of Sub-Rule (2) of Rule 41 to refer the matter to the Conciliation Officer by way of reference and ask for his decision and the said Conciliation Officer (hereinafter referred to as the authority) shall after hearing the parties decide the matter and his decision shall be final. 6. Prima-facie, I am of the considered opinion that the provisions of the Rule 41 as referred to above cannot be read in isolation of Rule 42 of the Rules. The third proviso to Rule 42 is quite relevant for deciding the controversy between the parties and the said proviso specifically mandates that where any reference has been made by the employer under Sub-Rule 2 of Rule 41, the election shall be held on receipt of the decision of the Conciliation Officer. I am in perfect agreement with the ratio of the aforesaid Rules and in my considered opinion they are binding on the authority and the order dated 10th of September, 1996 which has been passed by the said authority is not only in total disregard of the said proviso to Rule 42 but also contrary to the order dated 14th August, 1996 passed by this Court. 7. I am further of the opinion that the said authority has neither understood nor appreciated the import of the Rules 41 and 42 of the Rules as referred to above in their true perspective and the said Order is not sustainable in law. 8. 7. I am further of the opinion that the said authority has neither understood nor appreciated the import of the Rules 41 and 42 of the Rules as referred to above in their true perspective and the said Order is not sustainable in law. 8. During the Course of hearing, it has been brought to the notice of this court that the management of N.E.I. Ltd. had keeping in view the requirements of the Rules had given a notice on 6th June, 1994 to the respective Trade Unions which are party to this Petition and on 13th June, 1994, the reply of the afore-said notice was given by the workers' Union (N.E.I.WU.). It is only thereafter the reference was made by the employer to the aforesaid authority for resolving the deadlock on 16.7.1994. 9. During the course of hearing it has not been disputed by the learned parties that the abovesaid reference remained pending before the Conciliation Officer for a period of exceeding two years and even as on the date of filing the Revision Petition in this Court i.e. 1st August, 1996, the aforesaid reference had not been decided. In my view this is an abuse process of law committed by the aforesaid authority and in total disregard of the Rules as well as the directions given by this court in its order dated 14th August, 1996 as referred to above. 10. I am of the view that the object of the Management of M/s. N.E.I. Ltd. was not to forestall or delay the elections but the election process could not be completed on account of the relevant information as required by the Management of the M/s. N.E.I. Ltd. was not communicated. 11. As a result of the above discussion the impugned order dated 10th September, 1996 passed by the aforesaid authority is quashed and set aside (A copy of the order dated 10th September, 1996 is taken on the record) and as a result, the said authority is directed to pass a fresh order after taking into consideration the following aspects of the matter : 1. It shall be obligatory on the employer to give notice to all the registered Trade Union who wish their participation in the election process including the two Trade Unions who are parties to the petition before this court for asking the requisite information as contemplated under Rule 41 Sub-Rule 1 of the Rules within 10 days from today. Thereafter if the employer/management has reason to believe that the information furnished under Sub-Rule (1) by any Trade Union is false, he may after informing the Union, refer the matter to the Conciliation Officer concerned for his decision and the Conciliation Officer after hearing the parties shall decide the, matter expeditiously and without any delay and his decision shall be final. 2. The representative incharge of the respective Trade Unions including those who are parties to the Petition before this court shall in all probability furnish the information as required by proviso 2 of Rule 41 to the Management of the M/s. N.E.I. Ltd. within a period of 1 month from the date of the receipt of the notice. In case they fail to furnish the requisite information, a presumption shall be drawn by the authority against the said unions and they shall not be permitted to take part in the election process. 3. In case the employer has reasonable grounds to believe that the information so furnished by any of the Trade Unions as referred to above is not found satisfactory, the employer shall he at liberty to make a representation to the aforesaid authority for its decisions within two weeks from the date of receipt of the information as referred to above. 4. The appropriate authority shall deal with and decide the reference with due regard to provisions of 41 Rule 1(a) & (b) of the Rules and shall record its findings on the same within a period of two months thereafter. It shall be obligatory upon the appropriate authority to positively comply with the aforesaid directions and see to it that the compliance is done before passing the final order by the said authority. 5. Immediately on receipt of the decision of the appropriate authority, it shall be obligatory upon the Management of M/s. N.E.I. Ltd. to notify the date for conducting of election of the Works Committee within a period of two weeks thereafter. 12. With the above observations, the Review Petition stands disposed of accordingly. 5. Immediately on receipt of the decision of the appropriate authority, it shall be obligatory upon the Management of M/s. N.E.I. Ltd. to notify the date for conducting of election of the Works Committee within a period of two weeks thereafter. 12. With the above observations, the Review Petition stands disposed of accordingly. Parties are left to bear their own costs.Review Petition Disposed of Accordingly. *******