J.M. Tamdon, J. - (1.) The Remington Rand Karamchari Union, Faridabad, (petitioner) and the Remington Employees Union (respondent No. 5) are two registered Unions of the workmen employed by Remington Rand of India Limited in its factory at Faridabad. Both the Unions were registered under the Trade Unions Act in 1978. The petitioner-union submitted a charter of demands dated April 28, 1980, (P. 6) and another on July 21, 1980 (P. 7) to the Management. The conciliation proceedings between the petitioner-Union and the Management were initiated and meetings of the parties in collaboration with the Conciliation Officer were held in May, June and July, 1980, but without any settlement.
(2.) On July 29, 1980, the respondent-Union submitted a fresh charter of demands (R. 5/11) to the Managements. On the same date, the Respondent-Union sent telegrams (R. 5/12 and R. 5/13) to the Management and Deputy Labour Commissioner, Faridabad, alleging that it was a majority Union and will not be bound by any agreement entered into by the Management with the minority Union (petitioner). The Respondent-Union claimed membership of 157 out of the total of about 265 workmen. The Labour Commissioner, Haryana, visited Faridabad on July 31, 1980, and he made a physical verification of the members of the Respondent-Union. The Deputy Labour Commissioner-cum-Conciliation Officer, Faridabad then called the Management and the Respondent-Union for conciliation proceedings to be held on Aug. 1, 1980. The conciliation proceedings between the Management and the Respondent-Union continued till Aug. 6, 1980, on which date a settlement was arrived at under section 12(3) of the Industrial Disputes Act (hereafter the Act). The terms of the settlement are contained in the memorandum P. 11.
(3.) The Government decided not to refer the demands made by the petitioner-Union in their notices dated April 28, 1980, (P. 6) and dated July 21, 1980 (P. 7) to the Court for adjudication and informed the Petitioner-Union accordingly vide letters dated Dec. 19, 1980, (P. 15) and dated Jan. 22, 1981, (P. 16). The Petitioner-Union has assailed P. 15 and P. 16 in the present writ and has further prayed for a mandamus to be issued to the State of Haryana to make a reference under section 10(1)(d) of the Act regarding demands raised by it through their demand notices P. 6 and P. 7 for adjudication.;