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2009 Supreme(Mad) 3558

D.MURUGESAN, H.L.GOKHALE
MRF United Workers Union, Rep. by its General Secretary, Arakkonam – Appellant
Versus
Government of Tamil Nadu, Rep. by its Secretary, Labour and Employment Department, Chennai & Others – Respondent


Advocates Appeared:
For the Petitioner:V. Prakash, Senior Counsel, with Ramapriya, Advocate. For the Respondents:R1, Raja Kalifulla, Govt. Pleader, R2, to R3, Sundar Raj, ACGSC, R4, to R5, Sanjay Mohan, Senior Counsel, for S. Ramasubramaniam Associates, Advocates, R6, Muthukumarasamy, Senior Counsel, with K.M. Ramesh, Advocate.

Judgment :-

H.L. Gokhale

This writ petition raises an important question with respect to the procedure for recognition of a trade union as the representative body of workmen in an industry in the absence of a specific statutory provision of law.

2. MRF Limited (Madras Rubber Factory) is a leading Tyre manufacturing company situated in Ichiputhur Village of Arakonam Taluk in Vellore District of Tamil Nadu. It is having its Corporate Office in Chennai. It employs around 1500 workmen in different capacities, and it is one of the major industrial units situated in the vicinity of Chennai.

3. The appellant/petitioner is a Registered Trade Union, which claims to represent majority of the workmen functioning in this industry. Respondent No.6 is another Trade Union, which also claims to have majority membership. Respondent No.4 is the Management of MRF Limited and Respondent No.5 is its Plant Manager. Respondents 4 and 5 are stated to be entertaining Respondent No.6 and not the petitioner for the purposes of negotiations and settlement.

4. The Petitioner Union was registered under the provisions of the Trade Unions Act, 1926 on 29th December, 2003, and claims to be representing the causes



































































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