( 1 ) THIS is an upplication filed by the petitioner under Section 15 of the Civil Procedure Code for direction to the respondents to permit the petitioners to participate in the meetings of the Bipartite Wage Negotiation Committee and to allow it to sign the wage settlement and the reimbursement of Travelling Allowances. It is stated that the Committee is going to start its deliberations w. e. f. 4th November, 1999.

( 2 ) IN support of the aforesaid application Dr. Sumant Bhardwaj, learned counsel appearing on behalf of the petitioner argued that on 3rd December, 1998, the then Minister of State had passed order to the effect that representative of the petitioner-union be included in Bipartite Wage Negotiation Committee (hereinafter referred to as BWNC, for short) and if that is not possible then atleast they may lie allowed to participate in the deliberations of the BWNC as observers as was done in earlier meeting of BWNC. It is further stated that this decision was reiterated by the Minister of Slate on 20th May, 1999.

( 3 ) REPLY to this application is filed by the respondents in which it is stated that percentage of strength, as per check up results, of the petitioner federation amongst the port and dock workers in the major post and dock labour boards was found to be 0. 84% only and therefore petitioner-federation is not one of the substantive of major federation which have a large following among the port and dock workers in the country. Along with the reply, statement showing the results of the check of system as per 1998 figures of the ports and dock labours is filed as Annexure R-II. Respondents have also filed statement reflecting the position from about federation in the BWNC as Annexure R-III. In reply to the contention of the petitioner then Minister of State. had passed the order on 3rd December, 1998 permitting the petitioner-union to participate in the deliberations of the BWNC as observer. Mr. Jayant Bhushan, learned counsel appearing on behalf of the respondents argued that noting of the Minister of State dated 3rd December, 1998 is not an order and was merely a suggestion which was put to the then Union Miniser but no final orders we passed thereon. He, therefore, contends that in view of the negligible membership of the petitioner-union, petitioner-union is not entitled to lie included in BWNC or participate in the deliberations of BWNC as observer.

( 4 ) WHEN the matter was heard on 1st November, 1999 in view of the aforesaid arguments of the parties particularly when the petitioner has relied upon orders of the Minister of State, I directed the respondents to produce the record in the court today. Mr. Jayant Bhushan has produced the records. From the records it is seen that on 3rd December, 1998 Minister of State had made the following noting in the file (this noting is also produced by the petitioner which is at page 68 of the paper book) which reads as under:-

OFFICE of Minister of State for Surface Transport Subject : Representation to IFPDW (ICL) and BPDMS (BMS) in BWNC.

( 5 ) ENCLOSEDARE the representations from Indian Federation of Port and Dock Workers (ICL), Calcutta and Bhartiyaport Dock Mazdoor Sangh (Bhartiya Mazdoor Sangh) under their No. IFPDW/bwnc/ 15 Dated 30. 11. 1998 AND BMS/c- H/1904/98 Dated 13. 11. 1998-respectively regarding inclusion of their representatives in the Bipartite Wage Negotiation Committee (BWNC) constituted vide No. LB. 12011/3/97-R. O. dated: 10. 9. 1998

( 6 ) SINCE, these two Unions also have substantial following in the various Ports viz. Calcutta, Mumbai, Paradip etc. , I am to suggest that their representatives may also be included in the BWNC. If it is not possible, then at least they may be allowed to participate in the deliberations of BWNC as observers as was done in the previous BWNC. The nest meeting is stated to be held on 7. 12. 1998 at Mumbai.

( 7 ) THE aforesaid noting clearly shows that Minister of State had made suggestion and thereafter