JUDGMENT :

R.N. Misra, J. - This is an application under Article 226 oil the Constitution for a writ of madamus to the opposite party in the following circumstances. The Petitioner is the, Secretary of the Ferrochrome Project Employees Union (hereinafter referred to as the Union) which has been (registered under the Trade Unions Act, 1926. The Ferrochrome Plant at Jajpur is a unit of the Industrial Development Corporation of Orissa Ltd., a Government of Orissa undertaking. The opp. party is its General Manger.

It is not disputed that the Union is not the recognised union so far as the employer is concerned. It is alleged that there is a worker's colony situated near about the factory premises where about 400 workers reside. Adjoining this colony there exist the playground, the canteen and the daily market. According to the Petitioner these have been fenced up by a high boundary wall and at the two outlets security guards have been posted who scrupulously control coming in and going out into the area. The Petitioner and the other office-bearers of the Union who according to the Petitioner are entitled to the fundamental right under Article 19(1)(c) of the Constitution to freedom of as