The Naval Dockyard at Visakhapatnam has two categories of persons who render service. The first category is the industrial workers and the other is the civilian employees. The petitioner is one of the trade unions of the Naval civilian employees. It was also recognized by the management.

2. The Industrial Disputes Act, 1947 (for short ‘the Act’) provides for appointment of Works Committee (for short ‘the Committee’), that would comprise of members of the workmen and members of the management, almost in equal number. The procedure for formation of Works Committee is prescribed in part VII of the Industrial Disputes (Central) Rules, 1957 (for short ‘the Rules’).

3. As required under Rule 41 of the Rules, the petitioner and other unions were requested to furnish the particulars of their membership through letter, dated 06.08.2009. In response to the same, the petitioner submitted a reply dated, 31.08.2009, stating that its membership is 3395. Its members are distributed among the various sections, shops and departments of Naval Dockyard. Similar particulars were furnished by the other unions also.

4. The fourth respondent i.e., Chairman and Returning Officer of the Election Commi