Arun Madan, J. - (1.) I have heard learned counsel for the parties at length. The management of the M/s. N.E.I. Ltd. has sought a clarification of the order dated 14h August, 1996 passed by this Court in S.B.C. Revision Petition No. 1075/96 whereby this court had directed the Regional Labour Commissioner-cum-Conciliation 'Officer (here-in-after referred to as the authority) to pass the final order in respect of the reference made earlier by the Management of N.E.I. Ltd. on 16.7.1994. In terms of the said order, this court had restrained Respondent No. 1 not to hold any elections of the works committee pending the decision of the said authority.
(2.) During the course of hearing learned counsel for the petitioner has placed on the record of this court a copy of the order dated 10th September, 1996 passed by the aforesaid authority, whereby the said. authority in the operative para of the said order has recorded a finding to the effect that it is not necessary for the Management of the N.E.I. Ltd. to constitute two separate groups of the workers for the purpose of identifying the voters who would be participating in the election which includes members as well as non-members of the respective unions as per the Rule 42 of the Rajasthan Industrial Disputes Rules, 1958 (hereinafter referred to as the Rules).
(3.) During the course of hearing Shri A.K Sharma learned counsel for the Applicant has, laid emphasis on Rules 39, 41 & 42 of the Rules and he, has vehemently stated at the bar that the authority had passed the impugned order dated 10.9.96 in flagrant disregard of the directions given by this court and also in disregard of the provisions as envisaged under the aforesaid Rules. For the sake of convenience, I deem it appropriate to refer to the said Rules which are reproduced here-in-below : 39. Number of members-The Number of members constituting the committee shall be fixed so as to afford representation to the various category, groups and classes of workmen engaged in, and to the sections, shops or departments of the establishment. 41. Consultation with Trade Unions-1. Where any workman of an establishment are members of a registered trade union the employer shall ask the Union to inform him in writing (a) how many of the workmen are members of the union; and (b) how their membership is distributed among the sections, shops or departments of the establishments. 2. Where an employer has reason to believe that the information furnished to him under Sub-Rule by any Trade Union is false, he may, after informing the Union, refer the matter to the Conciliation Officer concerned for his decision and the Conciliation Officer after hearing the parties shall decide the matter and his decision shall be final. 42. Group's of workmen's representative - On receipt of the information called for under Rule 41, the employer shall provide for the election of workmen's representatives on the committee in two groups-1. those to be elected by the workmen of the establishment who are members of the registered Trade Union or Unions, and; 2. those to be elected by the workmen of the establishment who are not members of the registered Trade Union or Unions; bearing the same proportion to each other as the Union Members of the establishment bear to the non-members : Provided that where more than half the workmen are members of the Union or any one of the Unions, no such division shall be made : Provided further that where a registered Trade Union, neglects or fails to furnish the information called for under Sub-Rule (1) of Rule 41 within one month of the date of the notice requiring it to furnish such information, such union shall for the purpose of this Rule be treated as if it did not exists : Provided further that where any reference has been made by the employer under Sub-Rule (2) of the Rule 41, the election shall be held on receipt of the decision of the Conciliation Officer.;