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2006 DIGILAW 454 (MAD)

A. Ramachandran v. The Managing Director, Tamil Nadu Cements Corporation Ltd. , & Others

2006-02-22

FAKKIR MOHAMED IBRAHIM KALIFULLA

body2006
Judgment :- (Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records of the impugned notice issued by the second respondent in No.AasiAa/PaE-1/2006 dated 9.2.2006 and quash the same.) The petitioners seek to challenge the notice issued by the second respondent in proceedings No.AasiAa/PaE-1/2006 dated 9.2.2006. By the impugned notice, the second respondent has announced the holding of election amongst different unions functioning in its factory for the purpose of recognising one of the said unions for negotiating the issues relating to the workmen. A reading of the impugned notice reveals that as per the 12(3) settlement dated 28.10.2005, entered into between the respondents 1 and 2 and various unions, it was agreed to hold the election amongst the unions for electing the union supported by the workmen for the purpose of negotiating the issues relating to the workmen. As far as the recognition of a union is concerned, it is, by now, well settled that it is not recognised by any statute, though the petitioner in his capacity as General Secretary of a Trade Union may be entitled to raise an industrial dispute under the provisions of the Industrial Disputes Act, 1947. 2. It has been held by a decision of this Court reported in POWER GRID NATIONAL WORKERS' UNION (SOUTHERN REGION) Vs POWER GRID CORPORATION OF INDIA LIMITED, NEW DELHI AND OTHERS, 1998(3)LLN 399, that the election held for recognition of a trade union is not governed by any statute or the management exercise any statutory function with regard to the said subject in order to invoke the constitutional remedy provided under Article 226 of the Constitution of India. 3. In the light of the said settled legal position, the grievance of the petitioners as against the impugned notice cannot be called in question in a writ petition. Therefore, reserving the petitioners' liberty to work out its remedy by raising an industrial dispute under the provisions of the Industrial Disputes Act, 1947, these writ petitions are dismissed. Consequently connected miscellaneous petitions are also dismissed.