IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction APPELLATE SIDE Present:

The Hon‟ble Justice Shampa Dutt (Paul)

WPA 10299 of 2025 Asansol-Burnpur-Kulti Metal & Engineering Workers Union & Ors.

Vs Union of India & Ors.

For the Petitioners : Mr. Soumya Majumder, Sr. Adv.

Ms. Sanjukta Dutta, Mr. Kinnor Ghosh.

For the State : Mr. Ushanath Banerjee, Sr. AGP Mr. Biswabrata Basu Mullick, Mr. Debangshu Dinda.

For the Respondent no. 8 : Mr. Srijib Chakraborty, Mr. Anindya Ghosh, Mr. Apurba Ghosh, Mr. Debdut Banerjee.

For the Respondent no. 9 : Mr. Susanta Pal, Mr. Debasish Kar.

For the SAIL : Mr. Arjun Roy Mukhrjee, Mr. Prantik Garai, Ms. Supriya Dubey.

Hearing concluded on : 27.08.2025 Judgment on : 24.09.2025 Shampa Dutt (Paul), J.:

1. The writ application has been preferred praying for review of an order dated 25^th February, 2025 passed in WPA 27274 of 2024 and challenging the notices dated 22^nd April, 2025, minutes of meeting dated 28^th April, 2025, the election schedule notice dated 28^th April, 2025 and all processes in connection with secret ballot election for ISP Burnpur.

2. The petitioner‟s case is that there are 3700 (approximately) permanent workmen in the factory of Burdwan. There has never been an election of trade unions for the purpose of recognition under the Trade Unions Act, 1926 in relation to the factory of ISP, Burnpur.

3. All of them have their respective memorandum, constitution and bye laws with objects categorically mentioned therein. None of the objects of the trade unions, be it the petitioners or the respondent trade unions herein, have any correlation or object which spreads beyond the territory of the State of West Bengal. The writ petitioners‟ trade unions and the respondent nos. 8 to 11 are the trade unions who negotiate with the management for arriving at industrial settlements to regulate the service conditions of workmen in relation to the factory of ISP.

4. The petitioner no. 1 has 600 members, the petitioner no. 2 has 470 members and the petitioner no. 3 has 809 members.

5. All the trade unions had been certified and registered under the provisions of the Trade Unions Act, 1926 by the Government of West Bengal. All returns, forms and compliances are made by the petitioners‟ trade unions, and reportedly by the respondent trade unions under the laws of the State of West Bengal. The constitution and bye laws of the petitioners‟ trade unions do not have any object spreading outside the territory of the State of West Bengal. In fact, ISP was the sole factory of ISCO Limited and therefore the question of objects and activities of the trade unions spreading over various „States‟ does not arise at all.

6. The annual returns and forms evidencing the membership and all compliance have been made by the petitioners as also the private respondent trade unions with the Government of West Bengal recognized as the appropriate Government in relation to the Trade Unions Act, 1926.

7. On 26^th July, 2024, the office of the Chief Labour Commissioner (Central) had written to the Burnpur Ispat Karmachari Sangh (BMS) regarding recognition of trade union in SAIL-ISP through secret ballot election, rejecting the claim of such trade union to hold the same, due to lack of consent of the management and remaining other unions.

8. On 22^nd April, 2025, the office of the Deputy Chief Labour Commissioner (Central) had written to the Registrar of Trade Unions, Government of West Bengal for verification of membership of trade unions operating in ISCO Steel Plant with names of five trade unions mentioned therein and also to verify, inter alia, the number of membership as per latest annual return submitted by the unions and to issue necessary certificates in that regard. The said communication had referred to an order dated 25th February, 2025 passed by the Hon‟ble Calcutta High Court in WPA 27274 of 2024. The petitioners were not aware of this communication dated 22nd April, 2025 till 28th April, 2025.

9. On 28^th April, 2025, a meeting wa