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 11 December 1989, VSNL issued notice for absorption of OCS employees in VSNL with effect from 1 January 1990. In the year 2002, the Government of India sold 25% of its shareholding in VSNL to Panatone Finvest Limited (Panatone), a special purpose investment earning of the Tata Group. Panatone subsequently acquired additional 20% shareholding of VSNL from public shareholders. On 28 January 2008, VSNL's name was changed to Tata Communications Limited (Petitioner). In March 2021, the Government of India divested its entire equity shareholding of 26.12%, out of which 10% shareholding was purchased by Panatone thereby raising the total shareholding of Tata Group of Companies to 58.87%.

3) It appears that two Memoranda of Settlement dated 2 December 2000 and 24 July 2001 were concluded between erstwhile Management of VSNL and Federation of Videsh Sanchar Nigam Employees Union. After VSNL seized to be a public sector undertaking, the said settlements dated 2 December 2000 and 24 July 2001 were continued to be implemented by the Petitioner since the same were valid till 31 December 2006. Further Memorandum of Settlement dated 31 January 2008 was entered into between the Management of VSNL and Federation of VSNL Employees Union. In June 2008, Federation of Tata Communications Employees Union (Federation) came to be constituted and registered under the provisions of the Trade Unions Act, 1926. According to the Petitioner, the Federation raised various demands on behalf of the workmen of the Petitioner across all offices in India and various Memoranda of Settlements were executed from time to time between the Petitioner and the Federation.

4) It appears that the employees and workmen of the Petitioner posted at regional levels at Delhi, Mumbai, Chennai etc. formed their separate unions which were affiliated to the Federation. Accordingly, it appears that Tata Communication Employees Union (Respondent No. 3-Union) came to be formed and registered as a registered Trade Union in respect of Petitioner-Establishment at Pune. However, according to the Petitioner, even after registration of Respondent No.3-Union, all negotiations and settlements were always executed with the Federation to which Respondent No.3-Union continues to remain affiliated. According to the Petitioner, it has recognized only the Federation and not any regional unions (including Respondent No.3) for the purpose of negotiations.

5) In the above background, the Federation sent email dated 26 July 2019 to the Petitioner communicating names of four office bearers of the Federation for being recognized as 'protected workmen' under provisions of Section 33 of the ID Act. Out of the said four names, Petitioner granted recognition to Mr. Arun B. Gamre and Mr. A.T. Gadhave by email/letter dated 7 August 20