Satyabrata Sinha, J. - (1.) In this application the petitioner has inter alia prayed for the following reliefs:- "(1) A Writ of and/or In the nature of Mandamus directing the respondent to act according to and in consonance with the provisions and stipulation enshrined in the Indian Trade Unions Act, 1926 ; (2) A Writ of and/or in the nature of prohibition prohibiting the respondent authorities from extending with the benefit of 'check Off' facility or any other benefits enjoyable by a recognised union, to any Trade Union which is not registered under the Indian Trade Union Act, 1926 ; (3) A Writ of and/or in the nature of Mandamus directing the respondent to recognise the petitioners' registered Trade Union ; (4) Declaration to the effect, that fixation of 40% patronage of total number of executive employees to any Trade Union,for extending the facility of 'check off', is arbitrary, irrational end Illegal."
(2.) The petitioner No. 1 is a Trade Union registered under the Indian Trade Union Act. 1926. The respondent No. 3 is also a Trade Union registered under the said Act. Respondent No. ; is also recognised union of the first respondent.
(3.) The question which arises for consideration in this application is as to whether the first respondent is bound to apply the provisions of Section 7(2)(kk) of the Payment of Wages Act in relation to the petitioner union when such a facility has been granted to the respondent No. 3.;