J U D G M E N T:

A. THE CHALLENGE

1) Petitioner has filed this Petition challenging order dated 14 August 2024 passed by the Regional Labour Commissioner (Central), Pune, declaring five office bearers of Respondent No.3-Union as 'protected workmen' for a period of one year under Section 33(4) of the Industrial Disputes Act, 1947 (ID Act) read with Rule 61(4) of the Industrial Disputes (Central) Rules, 1957 (ID (Central) Rules).

B. FACTS

2) On 1 January 1947 Indian Radio and Telecommunication Company Limited was taken over by the Government of India alongwith its employees. The Government of India created a Department in the Ministry of Telecommunications named as Overseas Communication Service (OCS) dealing with communication with Indian subjects with rest of the world. In March 1986, the operations, management, control, assets and liabilities of the OCS were transferred by the Department of Telecommunications, Government of India to a newly incorporated entity by the name Videsh Sanchar Nigam Limited (VSNL). Thus, all the employees of OCS were deemed to have been transferred to VSNL and they were treated as on deputation on foreign service to VSNL without any deputation allowance. On