- (1.) THIS is an application under Article 226 of the Constitution of India.
(2.) THE Management of the Railway Employees' Cooperative Credit Society Ltd. , jodhpur Division, Jodhpur (hereinafter referred to as the Society) is a party to an industrial dispute which is pending before the Industrial Tribunal, Rajasthan, in connection with the removal of Shri Kanraj Mehta and withholding grade increments in cases of Achleshwar Sharma, V. D. Sharma and G. S. Saxena. The dispute was referred by the Government of Rajasthan under Section 10 of the industrial Disputes Act on an application of the Secretary, Northern Railway mazdoor Union, Jodhpur (hereinafter referred to as the Union ). The petitioner came to this Court by way of a writ petition in the case of management of the Railway Employees' Co-operative Credit Society Ltd. v. The industrial Tribunal, Rajasthan, Jaipur, ILR (1962) 12 Raj 458, and challenged the jurisdiction of the Industrial Tribunal to entertain the said reference on the ground that the Union was not competent to take initiative for a reference to the Industrial tribunal in cases of the Employees' Credit Society, the employees of which were not eligible for the membership of the said Union even though some of them may have become its members contrary to the rules of the Union. The writ petition came up for hearing before a Division Bench of this Court on the 7th of February, 1962, and it was held as follows: "it may be that the taking up of the cause by the members of the Union who are employees of the Railway is not of much assistance to respondents Nos. 2 to 5 in raising their disputes to the level of industrial dispute but so far as respondents Nos. 2 to 5 themselves are concerned, this resolution is prima facie evidence of the fact that each one took up the cause of the other. According to the allegations set forth in the petition, respondents Nos. 2 to 5 were acting in concert from the beginning and it will be too much to say that when they were making the representation through the Divisional Secretary of the Union, they were acting individually. We are of the opinion that respondents Nos. 2 to 5 were each espousing the cause of the other when they made representation Mo the Rajasthan Government through the Divisional secretary of the Union. " in the view noted above, the writ petition was dismissed on the same day. Thereafter the petitioner made an application before the Industrial Tribunal on the 11th of May, 1962, with a prayer that the name of the Union be struck off the record. It was contended that under the decision of this Court, the said Union was held not competent to make a reference of the industrial dispute and as such the union had no right to conduct the proceedings on behalf of the employees of the society. The learned Tribunal rejected the prayer of the Society saying that the intention of the judgment of this Court did not go to the length of disqualifying the union from conducting the case on behalf of the employees of the Society. The tribunal further observed that it had no jurisdiction to strike off the names of the union as the reference had been made to it by the Government on its representation.
(3.) THE Society has come to this Court in this writ petition on the ground that the view of the Tribunal is erroneous that it had no jurisdiction to strike off the name of the Union, and it is further urged that the Union has no locus standi either to approach the Government to make a reference or to assist the Tribunal in conduct of the proceedings in view of the observations of this Court in the judgment referred to above.;