S. C. DHARMADHIKARI, J.:- By this Petition under Article 226 of the Constitution' of India, the Petitioner Union has sought a declaration that the Secret Ballot method for ascertaining the majority is not permissible and the decision of Respondent No.3 to resort to Secret Ballot process for ascertaining the same, be quashed and set aside.

2. The Petitioner is a Trade Union, registered under the Trade Unions Act, 1926 and affiliated to Al1 India Port and Dock Workers' Federation & Hind Mazdoor Sabha. It claims majority amongst the employees/ workers employed at the Port Trust of Mormugao, which is a Body Corporate, constituted under the Major Port Trusts Act, 1963.

3. It is stated in the Petition that after liberation of Goa, the administration of Respondent No.1 Port was taken over by the Government of India on 8th January, 1962. Thereafter, in terms of Major Port Trusts Act, 1963 (hereinafter, for short, referred to as "the MPT Act"), the Mormugao Port Trust was declared as a "Major Port". Its administration is with the Trustees of the Port. It is stated that the First Respondent is a Major Port. It is submitted that the Petitioner was registered at Panaji on 22nd February