SUNIL AMBWANI, J. - (1.) HEARD Shri Kesari Nath Tripathi, Senior Advocate assisted by Shri Naresh Kumar Pandey and Shri Chandan Kumar for the petitioner. Shri K.P. Singh and Shri Govind Saran appear for the Railways. Shri Siddhartha Singh and Shri Hem Pratap Singh appear for the proposed respondent no. 6. Shri Murlidhar, Senior Advocate assisted by Shri Ajai Kumar Sharma appeared for the respondent no. 5.
(2.) AN application has been filed by Shri Shamim Ahmed for impleadment of North Central Railway Men's Union in the writ petition. The applicant has secured the recognition by polling the highest number of votes. It is contended that the applicant for impleadment is neither a necessary nor a proper party to the proceedings. Shri Kesari Nath Tripathi has relied upon judgment in Kesari Devi vs. State of UP and others, (2005) 3 UPLBEC 2727 in submitting that a person, who has already succeeded in seeking recognition, would have no interest for impleadment and is not a necessary party to be heard in the matter. The Trade Union seeking impleadment has secured the highest number of votes and is an interested party in the matter. The applicant may not be a necessary party. It is a proper party as all those parties, who had participated in the elections, are required to be heard. The Court, as such, exercised its discretion in impleading the applicant as respondent no. 6 to the writ petition. It has filed the written submissions, and was heard.
(3.) THE petitioner is a registered trade union as per provisions of the Trade Unions Act, 1926 with its registration No. 9168/2003 having its registered office at 464-B Nawab Yusuf Road, Allahabad. There are four unions recognised by the North Central Railways, in terms of the policy framed by the Ministry of Railways for recognising the trade unions. Consequent to the judgement of Supreme Court, approving the judgement in the Southern Railways Mazdoor Union vs. Railway Board decided by the Madras High Court and after accepting the report of the Chairman, 'Secret Ballot Committee' appointed by the Ministry of Railways, the elections were notified under the "Modalities for Conducting Secret Ballot for the Purpose of Granting Recognition to Registered Railway Trade Unions Representing All Categories of Group 'C' and 'D' Employees of Indian Railways". On 15.10.2007, the petitioner and the other three unions filed their nominations. The results were declared on 3.12.2007 in which the petitioner secured 20593, out of 59568 valid votes cast, and out of a total membership of 70499. Since it polled 29.21% of the percentage of total electorate as against the required 30% and, 34.57% of the total votes polled as against 35% of the required percentage, it was not recognised. Out of the four trade unions, the North Central Railways Mazdoor Union polled 29583 votes, which is 41.96% of the single vote of the total electorate and 49.66% of the total valid votes polled. The North Central Railways Union, the only successful trade union to have secured more than minimum percentage of votes was recognised as a single union to deal with the North Central Railways for all purposes.;