ORDER:

This present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 1 to 3 in not notifying A.P.Industrial Workers (Representation, Participation in management and Relief) Act, 1998 in the Official Gazette as required under Section 1(4) of the constitution of India and doctrine of Seperation of powers underlying in the provisions of constitution of India and conseqquently direct the Government of Andhra Pradesh to notify the said Act as required under Law….”

2. The case of the petitioner is that, the petitioner’s union was registered under the provisions of the Trade Unions Act,1926, bearing F/1439 in the year 1995 which was established with objectives inter alia include the promotion of welfare of the workmen employed in the 4th respondent industry, which is engaged in the manufacture of Cement, being one of the premier cement companies in India having manufacture units all over India including one at Chilamakur, Cuddapah District.

3. There are about 304 permanent workers and about 612 contract labour working on the rolls of the 4th respondent industry and all these workers are the members of the petitioner’s union. The contract labour are employed in the activities of loading of cement into wagons and unloading of raw material and stitching of bags and other allied works of the 4th respondent company having put a minimum service of 15 years. These contract labour are also being extended the benefits of EPF and MP Act and other statutory benefits, but, however, are denying the Right to Vote in the elections conducted by the 1st and 2nd respondents periodically.

4. These contract labour are also members of the petitioner union for the last 13 years and due to denial of the voting rights to these contract labour, their capacity to bargain with the employer has been seriously impaired such as regularization of services etc.

5. The further case of the petitioner is that the Andhra Pradesh Industrial Workers (Representation, Participation in Management and Relief) Act, 1998 enacted by the Andhra Pradesh State Legislature which is intended to provide the recognition to the Trade Union with a view to facilitating collective bargaining and provide for participation of workers in management of Industrial establishments, protection of workers, constitution of contingency fund to provide relief for the workmen effected by closure of Industrial establishment due to sickness or otherwise.

6. The preamble of the said Act further shows that the said Act was enacted to give effect to the concept of the workers participation in the management of Industrial Establishment enshrined in Article 43-A of Constitution of India as one of the Directive Principles of the said policy. Section 2 (XXI) of the Act defines the word ‘Workman’ Section 14 (1) of the said Act defines the word ‘eligible voters’ and according to this section all permanent workers and all such casual or temporary or badli workmen or contract labour who worked in the establishment for not less than two hundred and forty days within a continuous period of 365 days preceding date of application under sub-section (1) and Section 12. Sections 7 and 8 of the Act speak about the powers of election authorities.

7. Section 12 lays down that when there are more than one eligible union are functioning, any of such unions may apply to the election authority to be considered as a recognized union whereas section 13 speaks about the manner of election, Section 19 speaks about rights of the recognized union whereas the Section 20 of the Act enumerates the corresponding obligations of the employer. It is therefore clear that A.P.State Legislature through the said Act interalia provides for election of the Recognized union and appointment of election authority and voting rights to the workman either causal or tem