JUDGMENT - C.S. DHARMADHIKARI, J.:---Writ Petition No. 1776 of 1986 is filed by the Association of Engineering Workers, a trade Union against the order passed by the Industrial Court, Bombay dated 10th of February, 1986 accepting the request of respondent-automobile products of India Employees Union for registration as a recognised union under section 14 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act'). The petitioner-trade union filed an application on 12th January, 1977 under section 11 of the Act for being recognised as a recognised union in the Undertaking of the respondent No. 1 Automobile Products of India. By an order dated 30th of March, 1977 the Industrial Court, Thane granted the said application and ordered that it may be recognised as a recognised union in the said Undertaking. Accordingly a certificate of recognition was also issued in favour of the petitioner union. It is the case of petitioner union that thereafter since 1981 some of the employees resigned from the petitioner union and formed respondent No. 2 union. The respondent No. 2 union then filed an application for cancellation of the recognition of the petitioner union and claiming recognition to itself. This application for recognition was filed on 29th of July, 1982. The Industrial Court issued notice on 13th August, 1982 and it was displayed on the notice boards. After the matter proceeded for sometime before the court, it appears that both sides filed an application on 5th September, 1985 stating therein that the problem of recognition of Union having a real majority of workmen, should be disposed of by taking secret ballot, by the Investigating Officer. The Employer Company had no objection for having secret ballot. Therefore, with the consent of the parties, an order was passed by the Industrial Court on 19th of December 1986. It appears that thereafter a secret ballot was taken and a report was also submitted by the Investigating Officer. On the basis of the said report and in view of the result of the secret ballot, the Automobile Products of India Employees Union was declared to be a recognised union having majority of workers. On that basis the application filed by the Respondent Union under section 13 of the Act for cancellation of the recognition of petitioner union, came to be granted and the respondent Automobile Products of India Employees union came to be registered as a recognised union under section 14 of the Act, vide order of the Industrial Court dated 10th February 1986. As already observed it is this order which is challenged in the present petition by the petitioner-union.

2. In Writ Petition No. 1409 of 1986, two individual employees of the said Company have also challenged the said order. As both these matters involve common questions of law and fact, they were heard together and are being disposed of by this common judgment.

3. Shri Ganguli and Shri Deshmukh, learned Counsel appearing for the petitioners contended before us that the procedure followed by the Industrial Court for deciding the issues involved by secret ballot was contrary to law rather it is prohibited by law. Sections 11, 12, 13 and 14 of the Act will have to be read together and the prerequisites for either granting recognition or cancelling it, cannot be decided by holding a ballot. A secret ballot cannot be used as a process where quasi judicial enquiry is contemplated. In support of this contention strong reliance is placed upon the Division Bench decision of this in 1983 Mh.L.J. 147 (Maharashtra General Kamgar Union, Bombay v. Mazdoor Congress Bombay ors.)1. Even by the consent of the parties, procedure of ballot could not have been followed by the Industrial Court, thereby delegating or abdicating its judicial or quasi judicial functions.

4. On the other hand it is contended by Shri Dharap and Shri Shastri, learned Counsel appearing for the respondent No. 2 union and

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