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4. Meanwhile, the respondent No.2 passed the resolution in its meeting held on 31.05.2011 to hold elections to the two associations, one for the officers and employees and the other for poura karmikas and gangmen. The resolution further states that until such time that the election process is completed, all the facilities given to the trade unions are to be withdrawn by the Commissioner of B.B.M.P. and that no recognition is to be accorded to their self-proclaimed office bearers. A copy of the resolution is at Annexure- B. The B.B.M.P. requested the third respondent Labour Commissioner to hold the elections to the two associations vide its letter, dated 18.01.2012 (Annexure- D). The third respondent Labour Commissioner replied vide his letter, dated 25/30.01.2012 (Annexure-E), stating that it is open to the B.B.M.P. to hold the elections for purpose of deciding the sole bargaining agent, etc. The reply further states that recognition of the trade union is the prerogative of the employer. The Labour Commissioner opined that the secret ballot be held as per the Code of Discipline in Industry. Without holding the secret ballot for determining as to which union is to be recognised as the sole bargaining agent and which union is to be determined as the associated negotiating union, if need be, the B.B.M.P. has issued the calendar of events for holding the elections to the two associations - one for its officers and employees and the other for its poura karmikas and gangmen.

18. The B.B.M.P. appears to have inter-linked the two issues - not holding the secret ballot amongst the members of the trade unions and holding of elections to the two proposed associations. While there is no legal impediment in creating as many associations as the B.B.M.P. wants and in holding elections to them, the same shall not be in derogation of the provisions contained in the Trade Unions Act and the Code of Discipline in Industry. The B.B.M.P. can hold elections to the two proposed associations - one for the officers and employees and the other for Poura Karmikas and Gangmen. But the office bearers of the said two associations shall have no right to participate in discussions relating to general issues concerning all workmen. But, their office bearers can meet and discuss with the Management about the grievances of any individual member relating to his service conditions and represent individual member in domestic enquiry or departmental enquiry and in the proceedings before the conciliation officer, adjudicator, etc. In saying so, I draw support from the Apex Court's judgment in the case of Chairman (supra). The relevant portions of the said judgment is extracted hereinbelow: