SCA/1301120/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 13011 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================= ONG MAZDOOR SANGH - Petitioner Versus REGIONAL LABOUR COMMISSIOER (CENTRAL) & 2 - Respondents ================================================= Appearance : MR AK CLERK for Petitioner : NOTICE SERVED BY DS for Respondents : 1 - 2. MR AMAR D MITHANI for Respondents : 1, 3, MR AJAY R MEHTA for Respondent : 2, BY POST for Respondent : 3, ================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 02/12/2008 ORAL JUDGMENT 1. Heard learned counsel for the petitioner Mr. AK Clerk. Rule. Mr. Amar Mithani and Mr. Ajay Mehta, learned counsels representing respondent no.1, 3 and 2 respectively waives service of notice of Rule. Rule is SCA/1301120/2008 2/3 JUDGMENT fixed forthwith with the consent of the counsels for the parties. 2. The petitioner Labour Union has approached this Court for seeking a writ of mandamus or any other appropriate writ in the nature of mandamus or direction to the respondent no.1 to conduct verification of membership of unions in Western Region of ONGC by secret ballot within a stipulated time and grant recognition to the unions on the basis of the result of the verification of membership of unions. The recognition of representative union is for a period of 2 years and the verification was due 9 months ago, yet no concrete steps have been taken for completing the verification and award recognition to the representative unions in Western Region office of ONGC. 3. Learned counsel for the ONGC has submitted that the requisite material available with the ONGC has already been supplied way back in the month of May or there about to the respondents and they further assure that the material available would be supplied and there is complete cooperation from their side so far as the verification process is concerned. 4. Mr. Mithani places on record un-affirmed affidavit along with annexures and submits that there shall be no objection in conducting the verification and on that basis according recognition to unions of Western Region run by ONGC, but the process itself is likely to take sometime, therefore some reasonable time be fixed for SCA/1301120/2008 3/3 JUDGMENT completing exercise of verification by secret ballot. Mr. Mithani further assured this Court that no undue delay would be caused as requisite information would be collected from all the possible sources mentioned in communication dated 17/3/2008. Mr. Mithani requested that reasonable time be granted to complete the exercise of verification by secret ballot. 5. This Court is of the view that this petition deserves to be disposed of with the following direction to Respondent no.1 & 3 that; they shall complete the verification procedure by secret ballot within a period of 90 days from the date of receipt of order of this Court and the petitioner as well as Respondent no.2 shall cooperate in the process. After completion of process of verification the requisite recognition procedure may be also completed within 15 days thereafter. 6. With the aforesaid directions, the petition is disposed of. Rule made absolute to the aforesaid extent. However there shall be no order as to costs. Direct service permitted. [ S.R. BRAHMBHATT, J ] /vgn