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1980 Supreme(Mad) 363

M.M.ISMAIL
Tamil Nadu Electricity Board, Represented By Its Secretary – Appellant
Versus
T. N. E. B. Accounts and Executive Staff Union, By Its General Secretary – Respondent


Advocates Appeared: For

Judgment :-

M. M. Ismail, C.J.

This is an appeal against the order of Mohan, J., dated 11th August, 1980, allowing W.P. No. 5742 of 1979 filed by the respondent herein.

2. The respondent, was accorded recognition by the appellant by its proceedings No. 1238 dated 30th July, 1969, Paragraph 3 of this order states as follows :

"The Tamil Nadu Electricity Board accepts the recommendation of the commissioner of Labour, Madras and hereby accords recognition under the Code of Discipline in Industry to the Tamil Nadu Electricity Board Accounts Subordinates Union, Coimbatore (Reg. No. 2472) in respect of the ministerial staff excluding peons, bill collector and store-keepers.

Subsequently the union, namely, the respondent herein, started enrolling members from peons, bill collectors, and store-keepers also. In view of this the appellant proposed to de-recognise the union as having violated the condition of the recognition. The respondent-union pointed out that, though it had changed its name and changed its coverage in the sense of extension of membership, it had not changed, its representative capacity and as a bargaining agent, was still continuing to represent and bargain only for the Minis










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