- (1.) THIS is a petition under Article 226 of the Constitution of India by petitioner No. 1, M. P. Bijlee Karmachari Mahasangh (hereinafter referred to as the Mahasangh) a registered trade union and petitioner No. 2, said to be the State Working President of the aforesaid union, seeking quashing of the order dated 15-6-1983 passed by the respondent No. 1, Registrar of Representative Unions under the M. P. Industrial relations Act, 1960 (hereinafter referred to as 'the Act') whereby he has accorded recognition to respondent No. 3 M. P. Vidyut Karmachari Sangh (Federation), Jabalpur (hereinafter referred to as 'the Federation') as representative union representing the employees of the industry of electricity generation, transmission and distribution which is carried on by the madhya Pradesh Electricity Board (hereinafter referred to as 'the M. P. E. B. ')for the whole of the State of Madhya Pradesh.
(2.) SECTION 13 of the Act provides for recognition of a trade union as representative union for the particular industry if it fulfils certain qualifications. This recognition has to be granted for the entire 'local area' prescribed for the Industry. Till 19-9-1980 the extent of 'local area' as notified for the electricity industry was a revenue district and district-wise recognition was granted to various unions as representative unions in respect of different districts. On 17-10-1980 the Government of Madhya Pradesh published a notification dated 19-9 1980 in the M. P. Government Gazette declaring the entire State of Madhya Pradesh to be the 'local area' for the electricity industry in place of the earlier provision which declared Revenue district to be the local area. As a consequence of the aforesaid notification none of the unions earlier recognised as representative unions for their respective local areas viz-Revenue Districts, could be treated as a representative union in respect of the enlarged local area under the notification aforesaid, viz. the entire State of Madhya Pradesh. As such respondent no. 3 the Federation on 3-11-1980 applied for recognition as representative union for the entire State of Madhya Pradesh The Registrar considered the application under section 13 of the Act and after holding an inquiry has granted recognition to respondent No. 3 the Federation as the representative union by the impugned order Annexure 'c. The petitioners have challenged the order Annexure 'c mainly on the ground that the registrar has not followed the principles of natural justice in conducting inquiry for the purpose of determining Federation's eligibility for recognition as representative Union.
(3.) IN this case the respondents have raised a preliminary objection to the tenability of the petition thus : the petitioners had filed an objection to the application made by the respondent No. 3 for recognition as representative union. The petitioners were heard by the Registrar in support of their objections. The objections have been considered and overruled by the Registrar by the impugned order. The petitioners have a right of appeal under section 22 of the Act. The petitioners should have availed of the remedy of an appeal. The Industrial court in appeal can also consider several allegations which relate to the facts. An appeal is the only adequate and efficacious remedy. As the petitioners have not exhausted this alternative remedy, the petition deserves to be dismissed on this ground alone. Moreover, one of the objectors i. e. M. P. Vidyut Karmachari Janta Union have already preferred an appeal against the impugned order and this appeal has been registered as appeal No. 1/83/itu by the Industrial Court. A Division Bench of this court at Jabalpur by order dated 4-10-1983 has also dismissed a writ petition No. M. P. 2418 of 1983 filed by one of the employees Sunderlal on the ground that the petitioner had a right of an appeal under section 22 of the Act.;