Madhya Pradesh High Court
Moil Kamgar Sangthan Moil Limited vs Union Of India on 2 May, 2019
1 WP-7767-2019
The High Court Of Madhya Pradesh
WP-7767-2019
(MOIL KAMGAR SANGTHAN MOIL LIMITED Vs UNION OF INDIA)
4
Jabalpur, Dated : 02-05-2019
Mr. K.C. Ghildiyal, learned counsel for the petitioner.
Heard on the question of admission.
Issue notice to the respondents on payment of process fee within three
working days by both modes. Notice be made returnable within a period of four weeks.
Also heard on the question of interim relief. Learned counsel for the petitioner submits that the present petition has been filed by the petitioner-MOIL Kamgar Sanghathan against the directions of the Central Government Ministry of Labour and Employment to the Chairman-cum-Managing Director of Manganese Ore (India) Ltd., (MOIL) dated 03.4.2019 whereby, the order dated 14.3.2019 as conveyed by the Chief Labour Commissioner (Central) New Delhi vide his letter dated 28.3.2019 wherein it was decided to conduct the verification of membership of Trade Unions operating in the establishment of M/s. MOIL Ltd., for their mines situated in the State of Maharashtra and Madhya Pradesh through secret ballot.
Learned counsel for the petitioner has submitted that the said order falls foul of the order passed by this Court in W.P. No. 9002/10(s) dated 19.6.2012 whereby this Court had categorically held that the membership of a Union to be recognised as a representative Union, must be on the basis of physical verification, as prescribed in Appendix III of the Code of Discipline. The said order passed by the learned Single Judge of this Court was assailed before the Division Bench of this Court in W.A. No.851/2012. In the said Writ Appeal, this Court has refrained from interfering with the order passed by the learned Single Judge thereby affirming the same. The SLP against the order passed by the learned Division Bench before the Digitally signed by ASHISH DATTA Date: 06/05/2019 15:39:28 2 WP-7767-2019 Supreme Court, was also dismissed vide order dated 05.4.2019 in Special Leave Petition (Civil) Diary No.8229/2019. Under the circumstances, the order passed by the learned Single Judge in W.P. No.9002/10(s) had become final, which provided that only by physical verification can the representative Union be identified.
Under the circumstances, the impugned orders dated 14.3.2019, 28.3.2019 and 01.4.2019 contained in Annexure P/19 fly on the face of the orders passed by this Court and shall remain stayed till the next date of hearing.
List this case on 26.6.2019.
C.C. as per rules.
(ATUL SREEDHARAN) JUDGE a Digitally signed by ASHISH DATTA Date: 06/05/2019 15:39:28