( 1 ) THE Petitioner-The Hindustan Machine Tools Karmika Sangha, a registered Union has presented this Petition pray-ing for the issue of a Writ of Mandamus directing the Commissioner of Labour either to conduct an election for the Management of Labour Union by himself or to nominate any other officer.

( 2 ) THE Petition has come up for preliminary hearing after notice to the respondent. By consent of both the Counsel it is taken up for final hearing.

( 3 ) THE facts of the case to the extent necessary for disposal of this Petition are as follows : the Petitioner is a Trade Union consisting of workmen of the Hindustan Machine Tools Iandii factories, Bangalore, It is a Trade Union registered under the Trade Unions Act. At the time of registration, as required under Section 6 of the Act, the Petitioner-Union had framed and submitted Election Rules (for short 'the Rules') to the registering authorities. According to the said Rules, the Managing Committee is required to be elected by the General Body and its term is two years. The existing Managing Committee was elected on 5-5-1982. Therefore, its term expired on 5-5-84, It is however continuing in office by virtue of