M.S. Ramachandra Rao, J.

1. Heard Sri V. Narasimha Goud, learned counsel for petitioner Trade Union, learned Government Pleader for Labour for respondent Nos. 1 and 2 and Sri S. Ravindranath, learned counsel for 3rd respondent.

2. In this Writ Petition, the petitioner questions proceedings dt. 08-10-2014 under which 43 members of the petitioner's Trade Union, who are employed as Senior Technical Officers in 3rd respondent industry, were declared by 2nd respondent not to come within the definition of the term "workmen" as defined in Section 2(s) of the Industrial Disputes Act, 1947 and have to be excluded from the list of persons-eligible to vote in the secret ballot to determine the majority Trade Union of 3rd respondent. The petitioner seeks a direction to 2nd respondent to include these employees in the voters list so that they may cast their vote in secret ballot to determine whether the petitioner or 4th respondent is the majority Trade Union in 3rd respondent industry.

3. The petitioner Trade Union was Registered under the provisions of Trade Union Act, 1926 on 22-01-2007. According to the petitioner, it has 110 members who had paid subscription to it for the previous 2 years and they are all working in 3rd respondent industry. The 4th respondent is also a Trade Union having membership of the employees of 3rd respondent industry.

4. The 4th respondent Trade Union had been recognized as majority Trade Union in the 3rd respondent industry upto 21-06-2014. The 2nd respondent called for a joint meeting between the Management of the 3rd respondent and representatives of the petitioner and 4th respondent Trade Unions for conduct of secret ballot to determine the majority Trade Union in 3rd respondent industry. The Management of the 3rd respondent submitted 10 copies of muster roll with reckoning date as 01-06-2014 consisting of 67 employees. When this muster roll was handed over to the petitioner and 4th respondent Trade Unions, 4th respondent Union raised an objection that they have a membership of 86 employees in their Trade Union, and the petitioner union also raised an objection that their Trade Union consists of 110 employees, while the Management submitted the muster roll of only 67 employees.

5. In view of the discrepancy between the number of employees (muster roll) submitted by the Management of 3rd respondent and the contentions of the petitioner and 4th respondent Trade Unions, a decision was taken by the 2nd respondent vide memo dt. 22-08-2014 to depute the Assistant Commissioner of Labour, Ranga Reddy to visit the 3rd respondent's unit and verify the veracity and claims of the Management and Trade Unions and to probe into the nature of work and designation of the 43 employees.

6. The Assistant Commissioner of Labour, Ranga Reddy, pursuant to the above memo, visited the factory of the 3rd respondent on 12-09-2014 and submitted a report dt. 07-10-2014. In his report, he stated that the Management has submitted a muster roll of 67 employees who are designated as Technicians and these persons only come under the category of "Workman", and are eligible to take part in the verification process to determine the majority Trade Union; that the discrepancy in the figure i.e. number of employees submitted by the Management and the Trade Unions is due to the reason that the unions have included the category of Senior Technical Officers and have pleaded that they should also be allowed to participate in the verification process since they would come under the category of "workman"; that on verification of the nature of the work of Senior Technical Officers, it was found that they were responsible for execution and supervision of online documentation of batch records, log books and status labeling, to supervise the job of the technicians and are also involved in the training of subordinates and new recruitees; and that the Senior Technical Officers are getting the gross salary of above Rs. 10,000/-.

7. On the basis of the said rep