Arijit Banerjee, J. - (1.) The petitioner is a registered trade union of which the members are civilian workmen at the Kalaikunda Air Force Base under the Military Engineering Service Department. The petitioner challenges a notice dated 5th November, 2018 issued by Shri R Durga Shyam, EE, Garrison Engineer (AF) Kalaikunda for election of members of the Works Committee. Although, the said notice notified 24th November, 2018 as the date of election, I am told that the election has been re-scheduled for 11th December, 2018 and has not yet been held.
(2.) Section 3 of the Industrial Disputes Act, 1947 mandates constitution of Works Committee in case of any industrial establishment in which hundred or more workmen are employed or have been employed on any day in the preceding twelve months. Section 3 of the said Act reads as follows:- "(1) In the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months, the appropriate Government may by general or special order require the employer to constitute in the prescribed manner a Works Committee consisting of representatives of employers and workmen engaged in the establishment so however that the number of representatives of workmen on the Committee shall not be less than the number of representatives of the employer. The representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (16 of 1926). (2) It shall be the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen and, to that end, to comment upon matters of their common interest or concern and endeavour to compose any material difference of opinion in respect of such matters."
(3.) The short grievance of the petitioner is that the Kalaikunda constituency could not be sub-divided into seven constituencies for the purpose of holding election as has been sought to be done by the impugned notice. Learned counsel for the petitioner relies on Rule 42 of the Industrial Dispute (Central) Rules, 1957. Rule 42 reads as follows:- "Group of workmen's representatives. - On receipt of the information called for under rule 41, the employer shall provide for the election of workmen's representative on the committee in two groups- (1) those to be elected by the workmen of the establishment who are members of the registered trade union or unions, and (2) those to be elected by the workmen of the establishment who are not members of the registered trade union or unions, bearing the same proportion to each other as the union members in the establishment bear to the non-members: Provided that where more than half the workmen are members of the union or any one of the unions, no such division shall be made: Provided further that where a registered trade union neglects or fails to furnish the information called for under sub-rule (1) of rule 41 within one month of the date of the notice requiring it to furnish such information such union shall for the propose of this rule be treated as if it did not exist: Provided also that where any reference has been made by the employer under sub-rule (2) of rule 41, the election shall be held on receipt of the decision of Assistant Labour Commissioner (Central).";