1. The petitioner is the registered society describing itself as All India General Insurance OBC Employees Welfare Association, represented by its General Secretary. In this writ petition, the petitioner seeks to challenge the notices dated 25.10.2012 issued by the 4 General Insurance companies, who are arraigned as respondents 1 to 4 with reference to check-off exercise for the year 2012 insofar as it confines the same to the unions / associations, representing Class I, II, III, IV / FTS /PTE or SC/ST, and after setting aside the same seeks for a direction to initiate fresh check-off exercise by including other backward classes (OBC) also as a representative class so as to enable the petitioner association to take part in the check-off exercise.

2. The said writ petition was admitted on 14.12.2012. Pending the writ petition, an interim stay was granted. Aggrieved by the grant of the interim stay, the first respondent United India Insurance Company Limited has filed a vacate stay application in M.P.No.1 of 2013 together with supporting counter affidavit, dated 03.01.2013. The petitioner has filed a reply affidavit, dated 30.01.2013.

3. It is seen from the records that the petitioner got itself registered as a society in Chennai and had registration No.203/1998. The objects of the society as found in the bylaws was to promote the welfare of backward classes employees working in General Insurance Corporation and its subsidiaries and to protect the interest of the backward classes employees working in those organizations. The petitioner association earlier had filed a writ petition in W.P.No.22077 of 2009 for more or less similar relief, i.e., for a direction to the respondents insurance companies to allow the association to have check-off facility scheduled to be completed on 17.11.2009. On notice, on behalf of insurance companies, a common counter affidavit was filed dated Nil (January, 2010). It was stated that 4 other associations working in the insurance companies filed writ petitions and those writ petitions were dismissed on 17.11.2009 and after check-off exercise was conducted, the result of the check-off exercise was published on 07.12.2009. The associations which had secured 30% or more representative strength were announced on 08.12.2009. But no final orders have been passed in the writ petition.

4. Subsequently, when respondents 1 to 4 had issued notices regarding check-off exercise for 2012 on 25.10.2012, the petitioner association sent a letter dated 26.10.2012 to the Chairman of the General Insurers (Public Sector) Association of India, i.e., the 5th respondent, seeking for inclusion of OBC association in the check-off exercise. It was stated by them that the check-off exercises were extended to SC/ST association, but the OBC associations were excluded. By the non inclusion of OBC members, they were prejudiced. But, however, impugned notices clearly stated that the notice inviting applications will start from 25.10.2012. The last date for receipt of the request was on 09.11.2012 and the publication of the list of unions / associations eligible for participation in the check-off facility was on 20.11.2012. The exercise of authorization by all employees /officers on a common date was on 05.12.2012 and counting of letters of authorization at the Head office was from 13.12.2012 to 15.12.2012. The declaration of results was on 17.12.2012. Even before the exercise could be completed, a list of unions and associations in SC/ST welfare groups found eligible for inclusion in the check-off system was published on 20.11.2012 by respondents 1 to 4 and they were given separate code numbers. It is at this juncture, the petitioner association had obtained the interim stay on 14.12.2012 thereby stalling the process of request made by various trade unions.

5. The terms and conditions of the check-off system was set out in the impugned notices. In paragraphs 3 and 4, the conditions were stipulated, which are as follows: