V.G.Oak, J. - (1.) The principal question raised in this petition under Article 226 of the Constitution is whether a certain labour federation is entitled to represent workmen in a number of pending industrial disputes. The District Labour Federation, Pilibhit, is the petitioner. Sri Bachan Singh who is the Vice-President of the District Labour Federation, Pilibhit, has filed an affidavit on behalf of the petitioner.
(2.) According to the affidavit there exists at Pilibhit a labour union known as Pilibhit Mill Labour Union. It has been registered under the Indian Trade Unions Act, 1926. The District Labour Federation, Pilibhit, has also been registered under the Indian Trade Unions Act, 1926. There have been a number of industrial disputes between L.H. Sugar Factories and Oil Mills (Private), Ltd., Pilibhit, and their workmen. Annexures B and C to the affidavit are two lists of such disputes. Cases mentioned in annexure B are pending with Government for orders. Cases mentioned in annexure C are pending before the Regional Conciliation Officer, Bareilly. In all these cases the District Labour Federation, Pilibhit, and the Pilibhit Sugar Mill Labour Union are arrayed as parties. But on 9 April 1958 the Regional Conciliation Officer, Bareilly, refused the right of representation to the petitioner on the ground that, as a result of amendment of a certain rule, the right of representation has been taken away. The petitioner has, therefore, prayed that the opposite parties [the State of Uttar Pradesh, Regional Conciliation Officer, Bareilly, Labour Commissioner, Uttar Pradesh, and L.H. Sugar Factories and Oil Mills (Private), Ltd., Pilibhit be directed not to interfere with the petitioner's right of representation.
(3.) The petitioner's claim has been opposed by the State of Uttar Pradesh and the mills. Sri B. C. Agarwal, who is manager of the mills, filed a counter-affidavit on behalf of opposite party 4. According to Para. 7 of this counter-affidavit, there is at Pilibhit a labour union of ten years' standing. That union is known as L.H. Sugar Factories Mazdoor Union, Pilibhit. The union has large membership. But recently some persons started a rival body known as Pilibhit Sugarcane Labour Union.;