The emphasis for forming a Trade Union is on the purpose for which the Union is formed and not so much on the persons who constitute the Union.

R. Gururajan, J.

1. The Government Tool Room and Training Centre's Supervisory and Officers' Association is before me questioning the endorsement dated 10-11-2000, Annexure-G bearing No. ALC-1/TUA/CR-14/2000-01.

2. The officers and the supervisory staff working in the GTTC resolved to form a Trade Union in the name and style of the "Government Tool Room and Training Centre". In terms of the said resolution, they submitted an application dated 5-6-2000. Proceedings were initiated in the matter of registration. There was correspondence between the petitioners and the respondent-authorities. Finally, the respondent-authorities issued an endorsement in terms of Annexure-G, dated 10-11-2000. In the said endorsement, the authority has refused to register the 1st petitioner as a Trade Union on the ground that the applicants are not the workmen and besides the applicants are supervisory officers and managers. The authority, on the ground of the petitioners being not workmen within the meaning of Section 2(s) of the I.D. Act, has rejected the request and hence the petition.

3. Notice has been issued by this Court. The management got itself impleaded as respondent 4. The Government has filed a statement of objection. They justify the endorsement.

4. Heard Sri P.S. Rajagopal, learned Counsel appearing for the petitioner and Sri Somashekar, learned Counsel for the management and Sri M. Mahabalesh Gowda, learned Counsel appearing for the Government. They reiterate their stand in the matter in terms of their respective statements in this Court.

5. After hearing the learned Counsel, I have carefully perused the impugned endorsement. The registration was refused on the ground that the supervisory officers and managers are not 'workmen' within the meaning of Section 2(s) of the I.D. Act. The question that requires consideration by this Court is as to whether the non-workmen under the I.D. Act have a right to form a Trade Union in terms of the Indian Trade Unions Act of 1926.

6. The Trade Unions Act of 1926 is a pre-Constitution Law. The object of the Trade Unions Act is to provide for the registration of a Trade Union and in certain respects to define the law relating to Trade Union. Section 2 defines various terms including 'Trade Dispute' and 'Trade Union'. Chapter II provides for registration of Trade Union. Section 5 provides for an application being made for registration to the Registrar. Section 6 provides for provisions to be contained in the rules of a Trade Union. Section 7 provides for power to call for further particulars in the matter. Registration is provided under Section 8 of the Act. To understand the dispute between the parties, it is relevant to note the two definitions in Section 2(g) and 2(h). The said definitions read as under:

"(g) "Trade Dispute" means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person and 'workmen' means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises; and

(h) "Trade Union" means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between the workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions".

7. In the light of these two definitions, it is clear to me that the word 'workmen' under the Trade Unions Act includes all persons employed in a Trade or Industry. It is not a restricted definition as in any other enactment of Labour Laws. When the Act itself provides for a wider definition and for a wider meaning of that definition, the Courts cannot narrow it by its decision. That would be against the very object of the Trade