Madras High Court
Dr.B.R.Ambedkar Defence Employees vs Union Of India on 11 November, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
WP No. 5910 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-11-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI
WP No. 5910 of 2024
& WMP.Nos.6547 & 6548 of 2024
Dr.B.R.Ambedkar Defence Employees
Union
Rep by its General Secretary
M. Rajendiran Type II, 102 /8 HVF
Estate Avadi, Chennai 600 054
Petitioner(s)
Vs
1. Union Of India
Ministry Of Defence Rep. by Director
General Ordnance (C & S)
Department Of Defence Production
Directorate of Ordinance (C & S)
10-A, S/K. Bose Road,
Kolkata 700 001.
2.The Deputy Director General
Directorate of Ordnance (C And S)
Field Unit Avadi Chennai 600 054.
3.The Chief General Manager
Engine Factory (a Unit of Armoured
Vehicles Nigam Limiged)
Avadi, Chennai 600 054.
Respondent(s)
PRAYER
This Writ Petition is filed under Article 226 of the Constitution of India, seeking
for a Writ of Certiorarified Mandamus, calling for the records pertaining to the
File No 12/13/2/2023/EFA/IRG published in the internet site of the 3 rd
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 04:34:30 pm )
WP No. 5910 of 2024
respondent on 27.2.2024 and order passed by 1st respondent bearing itr no.12/
13/3/2024/RG dated 07.02.2024 and quash the same and direct the Respondents
to calculate the percentage of votes casted for the petitioner association as per
the total ballots casted and allot JCM Level IV seats as per the eligibility of the
petitioner.
For Petitioner(s): Mr.R.Rajesh Kumar
For Respondent(s): Mr. G.Babu
Senior Standing Counsel
ORDER
Aggrieved by the publication made by the third respondent in the website on 27.02.2024, whereby the petitioner association was denied seats in JCM Level IV, the present writ petition has been filed.
2.The short facts leading to the filing of this writ petition are as follows:
(i) The petitioner association was registered as a Trade Union and it caters to the welfare of its members by highlighting their needs. According to the petitioner, every three years, verification of the union/ association takes place and based on the ballots casted, verification list is promulgated by the third respondent. As regards unrecognized union/association, minimum 15% of casted ballots should be casted in the name of the union or association, then only it becomes eligible for verification.
(ii) On 27.01.2024, verification election was held to select for JCM Level IV and the petitioner union participated in the election. According to the petitioner, out of 913 total votes, 817 members voted and the petitioner union secured 134 votes; and the petitioner received 16.4% of votes, well above the cut off of 15%. Therefore, the petitioner ought to have been granted two JCM Level IV seats.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 04:34:30 pm ) WP No. 5910 of 2024
(iii) It is the further averment of the petitioner that the impugned order dated 07.02.2024 was passed after the election process was over only with a view to curtail the rights of the petitioner union. The petitioner has also raised caste bias since most of the members of the petitioner association belong to Schedule Caste/ Schedule Tribe community. The petitioner has also alleged that the respondents created circumstances such that the members of the petitioner association could not vote.
(iv) After the voting took place, the respondents have passed the impugned order tweaking the counting process. As per the new procedure, uncasted votes have been taken into consideration to arrive at the number of seats to be allotted in JCM Level IV. Because of the impugned order, the petitioner association was denied an opportunity of getting seats in JCM Level IV.
(v) Seeking to quash the impugned order and for a further direction to the respondents to allot JCM Level IV seats as per the eligibility of the petitioner, the present writ petition has been filed.
3.The respondents have filed a common counter-affidavit contending inter-alia as follows:
(i) According to the respondents, the 1st issued letters dated 06.09.1995 and
04.03.1997 for recognition of unions or workers employed in the Ministry of Defence installations and the federation of such unions, for which securing 15% membership out of workmen whom the unions purport to represent is a pre-requisite.
(ii)The letter dated 06.09.1995 clearly stipulates calculation of membership https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 04:34:30 pm ) WP No. 5910 of 2024 strength of the union also. According to the respondents, to establish representative character of the union, it will be deemed sufficient if not less than 20% of the workmen whom the union purports to represent are its members.
(iii)The respondents have also given the break up of votes secured by the petitioner union, which is as follows:
Dr.Ambedkar Defence Employees Union secured 14.68% of eligible voters
(a) Engine factory workers union – Secured 7.45% of eligible voters
(b) Engine factory employees sangh – secured 3.18% of eligible voters.
It is submitted that as per the above constitution of 12 th term of JCM IV Council in respect of the 3 rd respondent (Engine Factory Avadi), the petitioner union is not eligible for JCM IV level seats as it had not obtained the requisite 15% of the eligible membership.
(iv)The respondents have also stoutly denied any caste bias, alleged by the petitioner union.
(v)The respondents have also denied the allegation of the petitioner that the members were not allowed to vote. According to the respondents, in order to ensure that the employees participate in the ballot, instruction was given to the employees to return to factory to cast their ballot on 27.01.2024. However, certain employees could not return to cast their votes since they were doing ‘turn duty’.
(vi) The respondents have further averred that membership verification was done purely based on the guidelines issued by the Government and there was no illegality or irregularity, warranting interference by this Court. The respondents therefore prayed for dismissal of the writ petition. https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 04:34:30 pm ) WP No. 5910 of 2024
4.Heard both sides and perused the materials available on record.
5.The facts of the present case is not in dispute. Admittedly, the MOD dated 06.10.2023 has been issued giving the guidelines for the verification of the membership of the union association and federation for allotment of seats in JCM Counsel under the Ministry of defense and constitution thereof. Based on the MOD guidelines, modalities for the verification of membership for constitution of 12th term of JCM counsel was issued by the first respondent. Accordingly, the third respondent has published notification dated 08.01.2024 for conducting membership verification of the union at the third respondent factory on 27.01.2024. The result was published by the third respondent on 29.01.2024, wherein the details of employees eligible to participate, total ballots cast, number of ballots disqualified and ballot held by each union was stated.
6.The first respondent vide letter dated 07.02.2024 requested the third respondent to sent details with respect to recognised associations/unions which participated in the membership verification process through secret ballot and also the in respect of unrecognized unions which participated in the membership verification process through secret ballot and mustered more than 15% ballots of the total eligible employees as per the new check list MOD, for ascertaining the ‘fulfilling the conditions of recognition’. Accordingly, the details of two unions namely, EFA Employees Union and National Workers Union, who had mustered more than 15% ballots has been forwarded by the third respondent, along with the relevant/requisite documents to the first respondent.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 04:34:30 pm ) WP No. 5910 of 2024
7.If at all the petitioner is aggrieved by the election as regards membership verification conducted through secret ballot, he has to approach the competent election tribunal and not before this Court under Article 226. Hence, the prayer sought by the petitioner cannot be granted. Accordingly, the writ petition is dismissed, however, liberty is granted to the petitioner to work his remedy before the competent election tribunal, in accordance with law. No costs. Consequently, the connected miscellaneous petitions are closed.
11-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To
1. Union Of India Ministry Of Defence Rep. by Director General Ordnance (C & S) Department Of Defence Production Directorate of Ordinance (C & S) 10-A, S/K. Bose Road, Kolkata 700 001.
2.The Deputy Director General Directorate of Ordnance (C And S) Field Unit Avadi Chennai 600 054.
3.The Chief General Manager Engine Factory (a Unit of Armoured Vehicles Nigam Limiged) Avadi, Chennai 600 054.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 04:34:30 pm ) WP No. 5910 of 2024 M.DHANDAPANI J.
Tsg WP No. 5910 of 2024 11-11-2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 04:34:30 pm )