The main legal point established in the judgment is the interpretation of the term 'industry' as defined in the Madhya Pradesh Industrial Relations Act, 1960, and its impact on the jurisdiction of the Registrar in maintaining the approved list of unions.

ORDER

      1. Order passed herein shall lead to final disposal of writ petitions, viz. W.P. No. 12362 of 2011 and W.P. No. 12388 of 2011 as both these writ petitions are directed against the same order, i.e. order dated 15.7.2011 passed by Registrar, Trade Unions, Madhya Pradesh.

2. As per Petitioner in W.P. No. 12362 of 2011 it is a registered trade Union registered under Trade Unions Act, 1926 bearing registration No. 125 dated 2.8.1954, as also affiliated with Indian National Trade Union Congress. It being the representative Union for Cement Industry in the local area of Revenue District Katni, has the following of more than 90% of workers working in Cement Industry. It is stated that as on 1.3.2011, the total strength of employees in ACC Plant/Factory is 520 (275 monthly paid and 245 daily paid), out of which 424 employees are its members.

3. As per Petitioner in W.P. No. 12388 of 2011 it is a registered Union for lime stone mines, situated at Bavangawan and Mehgaon villages owned by the ACC Ltd., having its registration No. 2535 of 1980 dated 23/8/1980.

4. Secret ballot for physical verification of the membership of the Union to ascertain as to who would be the approved Union to be placed in the list as ordered by Registrar, Trade Unions, Madhya Pradesh, on 15-07-2011, is, the cause giving rise to present set of petitions.

5. Provisions contained under Chapter III-A - Trade Union Act, 1926, empowers the Registrar to maintain in such from as may be prescribed, a list of approved Unions. Section 28-A casts duty on the Registrar to maintain such a list of approved Unions. Section 28-C lays down the provisions regarding application for and entry in the approved list. It stipulates:

28C. Application for and entry in the approved list - (1) Any representative union or where there is no representative union any registered Trade Union in any industry other than an industry for which the Central Government is the appropriate Government within the meaning of Sub-clause (I) of Clause (a) of Section of the Industrial Disputes Act, 1947 (14 of 1947), may apply in the prescribed form for being entered in the approved list.

(2) On receipt of such application the Registrar shall hold such enquiry as is prescribed and if he is satisfied that such union fulfills the conditions necessary for its being entered in the approved list, he shall enter the name of such union in the approved list and shall issue a certificate of its entry in such form as may be prescribed. Provided that :-

(i) where two or more unions fulfilling the conditions necessary for registration specified in Section 28D apply for their entry in the approved list, the Union which has the largest membership of the employees employed in the industry, shall alone be entered in the approved list;

(ii) the Registrar shall not enter any union in the approved list, if he is satisfied for reasons to be recorded in writing that the application for entry is not made bona fide in the interests of employees but is made in the interests of the employer.

Explanation - For the purposes of this section, the expression "Representative Union" shall have the meaning assigned to it in the Madhya Pradesh Industrial Relations Act, 1960 (Madhya Pradesh Act 27 of 1960).

6. Section 28D lays down the conditions precedent for an entry in the approved list. It stipulates:

28D. Conditions of entry in the approved list. (1) No union shall be entered in the approved list under this Act, unless (i) the union has for the whole of the period of three months next preceding the date of application under Section 28C a membership of not less than fifteen percent. of the employees employed in the industry in that local area;

(ii) the constitution of the union shall be such as may be provided by or under this Act, and in particular, shall require that -

(a) the subscription payable for membership shall be not less than fou