G.C.Mathur, J. - (1.)The Western India Match Oo. Ltd., Bareilly, (hereinafter referred to as The Management) employs a large number of workmen. The workmen have formed two trade unions, namely, the Wimco Workers Union (hereinafter called the Union) and the Matches Mazdoor Sangh (hereinafter referred to as the Sangh). There is some dispute as to the actual membership of each trade union; but it does appear that a sizeable number (workmen are members of the Union and of the Sangh. These two trade unions had separately sad several industrial disputes. Some of which are pending conciliation and others were pending adjudication.
(2.)In the year 1964-65 the Sangh had elected an executive committee of 25 persons with Rama Shankar Agarwal as President, Rama Prakash (respondent No. 5) as General Secretary, Abdul Majid as Joint Secretary and Mushtaqullah Khan as one of the members. According to the petitioners, no proper election was held for the year 1965-66 but a bogus and surreptitious election was held by Ram Prakash on June 19, 1965 at which a new executive committee was purported to be elected with Mushtaqullah Khan as President, Abdul Majid as one of the Vice-Presidents and Ram Prakash as General Secretary. On June 29, 1965, Rama Shanker Agarwal made a representation to the Registrar of Trade Unions that the elections held on June 19, 1965, were invalid and requested him to make an inquiry into the matter and not to register the names of the new office bearers. The Registrar held an inquiry and by order dated Nov. 26, 1965, he refused to recognise the new office bearers and directed a fresh election to be held.
(3.)In the meantime, the Union had raised an industrial dispute regarding the revision of wages of the workmen working on the Splint Peeling and Splint Chopping machines and the matter was referred to the Conciliation Board at Bareilly for conciliation. During the course of Conciliation proceedings, the Management and the Union arrived at a comprehensive settlement settling all disputes; whether pending conciliation or pending adjudication. On Sept. 24, 1965, Ram Prakash, purporting to act as the General Secretary of the Sangh, made an application on behalf of the Sangh to the Conciliation Board, stating that the Sangh had come to know of the terms of the settlement which were acceptable to it in to and prayed that the Sangh be also, impleaded as a party to the settlement. This application was allowed and, on the same day, a settlement was arrived at between the management, the Union and the Sangh and signed by the parties and by the Chairman of the Conciliation Board. On behalf of the Sangh it was signed by Mushtaqullah Khan as President, Abdul Majid as Vice-President and Ram Prakash as General Secretary.