- (1.) Challenge in this petition is to the order dated 28.08.2002 (Annexure P-9) passed by respondent Nos. 2 and 3, whereby proposed amendment in the Constitution of the petitioner has been rejected. The petitioner is a registered union having registration No.75 and its registered office is situated at 29, Shaheed (Neelam Chowk), Faridabad. This union is duly recognized by the Escorts Group of Industries. Petitioner-union has its own constitution, duly approved by the Registrar of Trade Unions-cum-Labour Commissioner, Haryanarespondent No.2. Relevant provisions with regard to membership of the union are reproduced as under:- "4. Membership Any workers who is employed in any Escorts concern at Faridabad and agrees to follow the rules and regulation of the Union can become a member after filing the membership form and by paying the membership fee monthly or annually. Any member who leaves the job of any of Escorts concern at Faridabad will be ceased to be the member of the Union."
(2.) The constitution of the petitioner-union was amended in the General Body meeting held on 13.07.1992 (Annexure P-1) and was duly approved by the Registrar Trade Union, Haryana.
(3.) Earlier, the shares of Yamaha Motor Escorts Ltd. (YMEL) were shared between Yamaha Motor Company, Japan and Escorts Ltd. In the year 2001, the Yamaha Motor Company acquired 100% shares and thereafter, a new structured company namely Yamaha Motor India (P) Ltd. (YMI) came into existence. As a consequence of the above, two plants of Yamaha i.e. one at Noida-Dadri Road, Surajpur (Gaziabad) and the other at Mathura Road, Faridabad, went out of control of the Escorts Group. All the employees of these two plants were taken over by Yahama Motor Company India (P) Ltd. Vide notice dated 23.06.2001 (Annexure P-2), all the employees were informed as under:- "(i) They had ceased to be the members of the All Escorts Union as the newly constituted company Yamaha Motor India (P) Ltd. is not connected in any way directly or indirectly with the Escorts Group. (ii) They can constitute Internal Union as per prevalent labour law.";