UNION OF INDIA & ANR. versus M.T.S.S.D. WORKERS UNION & ORS.

Citation: [1988] 2 S.C.R. 825 · Decided: 27-01-1988 · Supreme Court of India · Bench: G.L. OZA · Disposal: Dismissed
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Judgment (excerpt)

UNION OF INDIA & ANR. 
v. 
M.T.S.S.D. WORKERS UNION & ORS. 
JANUARY 27, 1988 
[G.L. OZA AND B.C. RAY, JJ.] 
~v 
Industrial Disputes Act, 1947/lndustrial Disputes (Central) Rule;, 
r 1957: 
Section 3/Rules 39 & 41 to 43-Works Committee-Election on 
l,iasis of division of constituencies-Whether valid and permissible. 
·-f 
' 
The respondents filed a writ petition in the High Court for quash-
- / ing the order dated 31. l. 1984 of the authorities, informing the respon-
dent Union about the scheme of election to the Works Committee to he 
constituted for the period 1984-86, on the basis of division in different 
constituencies under the Industrial Disputes (Central) Rules, 1957, 
framed under the Industrial Disputes Act, 1947. 
The High Court held that such a distribution of constituencies was 
not permissible in view of the scheme of the Rules, especially Rules 39, 
41, 42 and 43. 
~ 
In the appeal by special leave, on hahalf of the appellants it was 
contended that such a division of constituencies to give appropriate 
-
representation to various sections, groups and categories of workers, 
skilled, unskilled, clerical and otherwise, was justified under Rule 39 
A 
B 
c 
D 
E 
-,. '\. and proviso to Rule 43. 
F 
T 
On behalf of the respondents, it was contended that while Rule 42 
"f, contemplated only division in two constituencies, that is, those who 
were members and those were not, of a registered trade union, it 
further provided that where more than half the workers belonged to one 
registered trade union, there was no need for any division of consti-
tuencies, and election will be only hy general vote of workers of the 
. .-. industry and, therefore, the High Court was right in holding that the 
division of constituencies as contemplated in the aforesaid order was not 
" ~ permissible. 
Dismissing the appeal, 
825 
G 
H 
826 
SUPREME COURT REPORTS 
[1988] 2 S.C.R. y-
A 
HELD: The scheme of the Industrial Disputes (Control) Rules, 
1957 for the constitution of Works Committee clearly provides that (a) 
~ 
where there is a registered trade union having more than 50 per cent 
membership of the workers in that establishment, the total number of 
members of the Works Committee will be elected without distribution 
B 
of any constituencies; and (b) if in an industry, no trade union regis-
tered under the Trade Unions Act represents more than 50 per cent of (· 
the members, then only the election will be held in two constituencies, 
one from the members of the registered trade union or unions and the 
~ 
other from non-members of the trade onions and it is only in this 
contingency, it is further provided that, if the employer thinks proper'( 
may further sub-divide the constituency into department, section or f-· 
shed. [832C-E] 
/ 
c 
~ 
When there is a registered trade union in an establishment, 
having more than 50 per cent membership, the exercise under Rule 43 
of the Industrial Disputes (Control) Rules, 1957 is futile and is not 
called for. [832F-G] 
D 
·~ 
In the instant case since the respondent union's membership is 
more than 50 per cent, the distribution of constituencies under Rule 42 
is not contemplated and, therefore, there is no occassioo for Rule 43 or 
proviso therein to come into operation. [832G] 
y... 
E 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 341 
of 1988. 
. .... 
From the Judgment and Order dated 2.4.1986 of the Bombay 
,.---< 
High Court in W.P. No. 1946 of 1984. 
,, 
F 
D.N. Devedi, C. Ramesh and P. Parmeshwaran for the Appel- 'y 
!ants. 
I 
R.K. Garg and D.K. Garg for the Respondents. 
The Judgment of the Court was delivered by 
>.-
G 
OZA, J. Leave granted. This appeal has been filed by the Union ,i., .. 
of India against a judgment passed by High Court of Bombay in Misc. 
r
Petition No. 1946/84 decided on 2.4.1986. A Writ petition before the 
High Court was filed by M.T.S.S.D. Workers' Union, Pune and two of 
H 
the employees in the establishment in which this union is functioning. 
In this Writ Petition an order was sought quashing the decision of the 
·1r 
U.O.l. v. M.T.S.S.D. WORKERS UNION !OZA, J.J 
827 
'-"( authorities concerned of the petitioner who by their order dated 
A 
)-
31.1.1984 informed the union about the scheme of the election to the 
Works Committee on the basis of the division in different constitu-
tencies. This order of the Commandant was conveyed to the respon-
dent union. These Works Committees were to be constituted for the 
period 1984-86. 
B 
' 
The ques
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