Judgment

OZA, J. :- Leave granted. This appeal has been filed by the Union of India against a judgment passed by High Court of Bombay in Misc. Petri. No. 1946 of 1984 decided on 2-4-1986*. A writ petition before the High Court was filed by M.T.S.S.D. Workers Union, Pune and two of the employees in the establishment in which this union is functioning. In this Writ Petition an order was sought quashing the decision of the authorities concerned of the petitioner who by their order dt. 31-1-1984 informed the union about the scheme of the election to the Works Committee on the basis of the division indifferent constituencies. This order of the Com-mandant was conveyed to the respondent union. These Works Committees were to be constituted for the period 1984-86.

* Reported in (1986) 52 Fac LR 646 (Bom)

2. The question that was considered by the High Court was as to whether such a distribution was permissible under the Rules framed under Industrial Disputes Act.

3. The Bombay High Court by the impugned judgment came to the conclusion that such a distribution of constituencies is not permissible in view of the scheme of the Rules especially Rr. 39, 41, 42 and 43 of the Central Rules framed und