RAVI S.DHAVAN - (1.) THIS writ petition is basically a matter which relates to enter rivalry trade union dispute. The trade union is All India Telegraph Traffic Ministerial Employees' Union, U. P. Circle. There is an All India Employees' Union also known as the All India Telegraph Traffic Ministerial Employees' Union of India. The organisation bifurcates into circles corresponding to the States of the nation, thereafter divisions and local branches. All these are set up within the department of Tele Communications particularly Telegraph. At the circle level of the union there has been a tussle in a long drawn litigation, on who shall manage the union at this circle level. One fanction with the Secretary at the circle level is Amar Jeet Singh Bishan, the other representation is claimed by one Syed Abad Hussain.
(2.) THE issue came before the High Court by a writ petition challenging the order of the Department of Tele Communications, from the office of the General Manager, Tele-communications, Uttar Pradesh Circle, Lucknow dated 7-11-1991 by which recognition was given to the union at the circle level whose Secretary is one Syed Abad Hussain otherwise arrayed as respondent no 4. On record as was presented to the court it was represented that the Secretary of the Union at the circle level, as a consequence of the last elections which were held was Amar Jeet Singh Bishan and the President one B. L. Gautam THE elections, it was contended in the writ petition, were held in December, 1987. Further, the court was shown the Constitution of the All India Telegraph Traffic Ministerial Employees' Union, registered under the Trade Union Act, 1926, to suggest a prima facie case on behalf of the petitioner that the term of the union at the circle level, by virtue of clause 23 has not come to an end until December 1991, an aspect noticed in the interim order of the court dated November, 20, 1991 and thus any arrangement with the Central Government, has made though its department of Tele-communications, is an attempt to recognise the union other than of the Union whose Secretary is Amar Jeet Singh Bishan, is irregular and ultra vires of the Constitution of All India Telegraph Traffic Ministerial Employees' Union. As on record, as was presented, at the time of considering the admission of the writ petition there appeared to be a prima facie case, thus an interim order was issued permitting the conduct of the conference to be held as scheduled to be conducted by the union at the circle level by Amar Jeet Singh Bishan, claiming to be the Secretary, on 22 and 23 November, 1991.
(3.) IT appears that an attempt to arrange a conference on these dates, as mentioned in the interim order was frustrated, and rightly so. Now, as a return to the writ petition has been filed by answering it, by those likely to be affected, the record has been made available by the counter affidavit of Syed Abad Hussain and the original record as produced by the respondents, i.e. Union of India through the Secretary, Department of Tele-communication, Ministry of Communications, New Delhi, Chief General Manager, Tele Communications U. P. Circle, Lucknow and the Assistant Director, Tele-Communications Personnel, U. P. Circle, Lucknow, respondents nos 1, 2 and 3.;