THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.7615 of 2002 ORDER: The petitioner is a union of employees that is engaged in various units of Visakhapatnam Export Processing Zone. Respondent No.5 is one such industry in the Zone. The grievance of the petitioner is that respondent No.5 has neither recognized it nor is intending to negotiate any issues concerning the labour engaged by it. It seeks appropriate directions in this regard. Respondent No.5 filed counter-affidavit opposing the writ petition. It is stated that the petitioner has no right to insist on recognition, since it is not attached to their industry. Several other contentions were also raised. Heard Sri Nuthalapati Krishnamurthy, learned counsel for the petitioner, the learned Government Pleader for Labour for respondent Nos.1 to 4 and Sri C.R.Sridharan, learned counsel for respondent No.5 The Trade Unions Act, 1926 provides for constitution and formation of trade unions. The Code of Discipline prescribes the procedure for recognition of unions that are attached to, or concerned with any particular industrial undertaking. It would become possible for an industrial undertaking to recognize a union only when two or more unions comprising of the workmen exclusively of the said undertaking are members of such unions. It is, however, essential that the trade union must be with reference to the industrial undertaking. In the instant case, there is a doubt as to whether respondent No.5 is now in existence at all. It would become obligatory on its part to recognize the petitioner, if only it is registered with reference to respondent No.5. As observed earlier, the membership of the petitioner is not restricted to the workers of respondent No.5 alone and it covers almost all the industries in the Processing Zone. Therefore, no relief can be granted to the petitioner. The writ petition is accordingly dismissed. It is, however directed that in case any union with reference to the workmen of respondent No.5 comes into existence either for negotiation directly or for recognition in accordance with the Code of Discipline, as the case may be, necessary steps shall be taken in accordance with the Code of Discipline. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J Dt:17.03.2010. kdl