Dalip SINGH, J. - (1.) THESE two writ petitions have been preferred by the KEC Employees Association and Kamani Employees Union against the order of the Assistant Registrar of Trade Unions and Joint Labour Commissioner, Jaipur Region, Jaipur filed as Annexure-5 dated 21.3.2007 in S.B. Civil Writ Petition No. 4246/2007. The Assistant Registrar taking note of the facts and circumstances and having come to the conclusion that both the Unions were having membership of 132 members, as such, he was of the opinion that with a view to determine as to which of the Unions represented the majority of workmen the same would be determined by secret ballots. The K.E.C. Employees Association not being satisfied with the order of Assistant Registrar dated 21.3.2007 preferred appeal which was dismissed by the learned Industrial Tribunal, Jaipur vide order dated 25.5.2007 (Annexure-7). Both these orders have been challenged by the K.E.C. Employees Association, one of the trade unions, in S.B. Civil Writ Petition No. 4246/2007.
(2.) THE rival trade union Kamani Employees Union which was also campaigning for the rights of the employees-Union for being registered as a recognized Union has also come up in writ petition being S.B. Civil Writ Petition No. 2790/2008 wherein the said Union has challenged the order dated 144.3.2008 passed by the learned Industrial Tribunal in an appeal under Section 9(1) of the Industrial Dispute (Rajasthan Amendment) Act, 1958 against the order dated 27.11.2007 passed by the Registrar of Trade Union, Jaipur and Joint Labour Commissioner, Jaipur. THE controversy, briefly stated, is that the rival Unions submitted their application for being registered as the recognized Union under Chapter II-B of the Industrial Disputes Act, 1947, as amended by Rajasthan Act No. 34 of 1958. THE proceedings in this behalf started in the year 2006 before the Assistant Registrar for registration as both the rival Trade Unions claimed to enjoy the support of majority of Workmen and on that basis sought registration as the recognized Unions under Chapter II-B of the Industrial Disputes Act 1947, as amended and applicable to Rajasthan. As has been stated above, the Assistant Registrar prima facie came to the conclusion vide Annexure-5 dated 21.3.2007 as follows:- JUDGEMENT_413_RAJLW1_2012Image1.jpg JUDGEMENT_413_RAJLW1_2012Image2.jpg
(3.) THE aforesaid order was challenged by K.E.C. Employees Association by means of an appeal under Section 2-1 before the learned Industrial Tribunal. THE said order was affirmed by the learned Industrial Tribunal vide its judgment dated 25.5.2007 (Annexure-7) holding as follows:- JUDGEMENT_413_RAJLW1_2012Image3.jpg It appears that after the aforesaid order was passed and though the writ petitions had been filed before this court there were no interim orders passed in the writ petitions filed by the Association and as such the Registrar of the Trade Union passed and order on 27.11.2007 (Annexure-7) in S.B. Civil Writ Petition No. 2790/2008, which reads as follows:- "1. President/Genl. Secretary, Kamani Employees Union, P.No.31, Chamanwadi, Narayanpuri, Kalwar Road, Jhotwara, Jaipur-302 012 2. President Genl. Secretary, KEC Employees Association, through KEC International Ltd., Jhotwara, Jaipur- 302 012. Subject: Verification of the membership for the Representative Character of Union under Industrial Disputes (Rajasthan Amendment) Act, 1947 and Rajasthan Industrial Disputes Rule, 1958. Reference: Applications filed by the KEC Employees Association and Kamani Employees Union under Industrial Dispute (Rajasthan Amendment) Act, 1947 and Rajasthan Industrial Disputes Rules, 1958. Sir, Please refer to your above applications submitted for a Certificate of Representative Character of the Union under Industrial Dispute (Rajasthan Amendment) Act, 1947 and Rajasthan Disputes Rules, 1958. I as Registrar of Representative Union/Trade Unions heard your viewpoints and enquired the relevant points of the matter on 6.11.2007, 14.11.2007 and 16.11.2007 in order to ascertain the membership of the unions for the purpose of section 9-E, 9-F, 9-G or 9- H. After examining all facts, courts ruling and legal provision of the Acts and the membership forms submitted by both the unions, I think that the proper verification has to be carried out under a certain procedure, which is deemed fit looking to the facts and circumstances. THE verification will be carried out in the factory premises on 7th December, 2007 at 11.00 AM. onwards and the procedure set down for the verification is as below:- 1. THE old membership forms submitted earlier by the unions shall not be taken into account for the verification as the old situation arose out of it, is already under dispute. THErefore, the latest membership forms of Oct., 07-Nov., 07 submitted by the unions on 16th Nov., 2007 before the undersigned shall only be taken into account for the verification. 2. Every employee who is working on the role of the factory will have to present himself before Registrar or authorized representatives of the Registrar. 3. If any employee remains absent on the date of verification, then, no another chance shall be given to the employees to ascertain his membership. 4. One representative of both the unions will be allowed to verify the correctness of the employed workman. THE union and the employees are humbly requested to maintain the industrial peace and harmony and co-operate for doing the legal obligation." ;