Subrata Talukdar, J. - (1.) Sri Soumya Majumdar, learned Counsel represents the writ petitioners of which, the petitioner No.1 is the registered and recognised Trade Union (for short the Union) as well as a body corporate under the Trade Unions Act, 1926 (for short The 1926 Act). The Union claims to be the majority union as well as the sole bargaining agent of the workmen employed with the respondent no.3/Ms. Garden Reach Shipbuilders and Engineers Limited (for short G.R.S.E.).
(2.) The grievance of the writ petitioners arises in respect of two notices dated 20th August, 2016 and 14th November, 2016 by which the General Secretary of the Union was informed by G.R.S.E. that the request of the union for holding gate meeting at or inside the G.R.S.E. premises cannot be allowed from the security point of view. It was, inter alia, further communicated to the union that since the gates are now under the control of the Central Industrial Security Force ( for short C.I.S.F) and, as argued by Sri Ranjoy De, learned Counsel for G.R.S.E. today, G.R.S.E. being a sensitive defence establishment, there is reason enough not to permit any situation whereby the security of such an important installation is put to stress.
(3.) Sri Majumdar places reliance upon the Trade Unions (West Bengal Amendment) Act, 1983 (for short the 1983 Act) and, particularly points out to Chapter-IIIA. Referring to Section 28E of the said Chapter-IIIA, Sri Majumdar submits that the present union, being a trade union with sole bargaining powers, has the privilege of holding discussions on behalf of the workmen at suitable places at and within the premises of the industrial establishment. Sri Majumdar also submits that Section 34 of the said 1983 Act entitles an employer to grant protection in the prescribed manner for lawful trade union activity.;