S.K.LODHA, J. - (1.) BOTH these appeals arise out of a common judgment dated September 24, 1976 passed by the learned Single Judge by which he dismissed the writ petitions filed by the appellant. D.B. Civil Special Appeal No. 85 of 1976 arises out of a writ petition No. 61 of 1975 and D.B. Civil Special Appeal No. 86 of 1976 arises out of S.B. Civil Writ Petition No. 51 of 1975.
(2.) THE facts in S.B. Civil Writ Petition No. 51 of 1975 out of which D.B. Civil Special Appeal No. 86 of 1976 has arises are these. The Rajasthan Anu Shakati Pariyojana Sangh, Rawat Bhata (respondent -non -petitioner No. 1) and the (Union here in) is a registered and recognised Union functioning in the Rajasthan Atomic Power, Rawat Bhata. It is affiliated to C.I.T.U. It was formed for the first time in September 1974. It moved an application to the Chief Project Officer on September 30, 1974 for declaring some of its office bearers as 'protected workmen'. This application was filed after the time which is prescribed in Rule 61 of the Industrial Dispute (Central) Rules, 1957 (for short 'the Rules' here in). The Chief Protected Officer ('the Officer) rejected its application by his letter Anx. 1 dated October 11, 1974. Thereupon, the Union raised a dispute Under Rule 61(4) of the Rules by a written representation praying therein to declare some of its workers as 'protected workmen' as per the list furnished by the Union to the Officer. The Assistant Labour Commissioner (non -petitioner -respondent No. 2) accepted the representation of the Union and directed the officer to give recognition as 'protected workmen' at least to its six workers, Office bearers. The petitioner -appellant challenged this order of the Assistant Labour Commissioner by the written petition on the ground that Rule 61(1) is mandatory and as the application was filed after the expiry of the time limit provided in Rule 61 of the Rules and so the order passed by the Assistant Labour Commissioner is illegal and without jurisdiction. The Union filed the counter and raised various pleas. It was, inter alia, contended that Rule 61(1) of the Rules so far as it relates to the communication of the names before the 30th April every year is directory and not mandatory.
(3.) D .B. Civil Special Appeal No. 85 of 1976 arises out of S.B. Civil Writ Petition No. 61 of 1975. The Rajasthan Anu Shakati Pariyojana Karamchari Sangh is a recognised registered trade union functioning at Rajasthan Atomic Power Project' Rawat Bhata. It will here in after be referred to as 'the Sangh'. It submitted an application on June 26, 1974 for declaring some of its workmen whose names are mentioned in the application as 'protected men' in terms of Rule 61 of the Rules read with Section 33(4) of the Industrial Disputes Act (No. XIV) of 1947, which will for the sake of brevity here in after be referred to as 'the Act'. This application was rejected by the Chief Project Officer ('the Officer') by his letter Anx. 2 dated July 11, 1974. The ground for rejection was that the Sangh failed to submit the list of the workmen before April 30, 1974 for being declared as 'protected workmen'. The Sangh raised a dispute before the Assistant Labour Commissioner (Central) Kota (non -petitioner -respondent No. 2). 'The Assistant Labour Commissioner (Central) Kota (non -petitioner -respondent No. 2) issued a direction to the petitioner -appellant to give recognition to 12 to 13 members of the Sangh as 'protected workmen'. Against that the writ petition was filed on the ground that Rule 61(1) of the Rules is mandatory. No return was filed to the writ petition by the Sangh. However, in reply to the stay application it was contended that the provisions of Rule 61 in so far as it provided that before 30th April every year the names should be communicated is directory only, and that the petitioner -appellant itself has been recognising the workmen of the Sangh as 'protected workmen' on the application, although they were filed after 30th April in, the past i.e. in the years 1971 and 72. It was submitted that the rule relating to the filing of application communicating the names before 30th April every year should be construed as directory.;