HIDAYATULLAH ,R.KAUSHALENDRA RAO - (1.) This is a petition for a writ of certiorari or mandamus under Article 226 of the Constitution of India. The petitioner is the Burhanpur National Textile Workers' Union, Burhanpur, district Nimar. The writ is sought against the Labour Appellate Tribunal at Bombay; the provincial industrial court at Nagpur; Sri P.K. Sen, Registrar of Trade Unions, Nagpur; the Burhanpur Tapti Mills, Ltd. Burhanpur; Tapti Mill Majdoor Sangh, Burhanpur, and the State of Madhya Pradesh.
(2.) THE petitioner submits that it is a registered union under the Indian Trade Union Act, 1926, in the local area of Burhanpur and is the representative of the employees of the Burhanpur Tapti Mills, Ltd. Burhanpur. On 14 March 1951 the State Government issued a notification fixing the limit of 20 per cent, for recognizing a union as representative of the employees of the Burhanpur Tapti Mills, Ltd. The petitioner thereupon applied to the third respondent on 20 April 1951 for recognition. An enquiry was made and the application was granted. The fifth respondent (the Tapti Mill Majdoor Sangh) thereupon appealed to the provincial industrial court for setting aside the certificate on the ground that the enquiry was not proper. The industrial court dismissed the appeal (LA. No. 2 of 1951, dated 23 June 1951). No appeal was taken against that decision to the Labour Appellate Tribunal at Bombay.
(3.) ON 24 July 1951 the fifth respondent filed an application under Section 7, Central Provinces and Berar Industrial Disputes Settlement Act, 1947, before the Registrar of Trade Unions, Madhya Pradesh, for cancellation of the recognition. This application was rejected by the third respondent on 27 August 1951. An appeal was taken against the order to the industrial court which was also dismissed on 27 October 1951. No appeal was filed against that order before the Appellate Tribunal.;