C O M M O N O R D E R

These petitions are filed by the petitioners seeking to quash the election notification dated 30.08.2022 issued by the second respondent and to direct the second respondent to reissue the election notification in accordance with the provisions of the Industrial Disputes Act, 1947.

2. The facts leading to filing of these cases are as follows :

The petitioner associations were formed to protect the interest and rights of the workers in the Heavy Vehicles Factory, Avadi. The second respondent issued the election notification to conduct election for selecting members to the works committee and the canteen committee from the trade union. Previously, the elections to the works committee were conducted only by section-wise so as to protect the interest of the workers in small units within the establishment. In the said notification, the entire establishment was declared as a single constituency instead of separate section-wise constituency and the election process was in violation of the statutory rules. Further, the interest of the smaller trade unions representing smaller working section to have a chance to win the elections was deprived by the impugned election notification. Hence, the petitioners made separate representations both dated 06.09.2022 to respondents 2 to 5 seeking to conduct the election after complying with the statutory rules. However, respondents 2 to 5 proceeded to conduct the election based on the election notification. Therefore, challenging the impugned election notification, the petitioners are before this Court.

3. This Court, on 23.09.2022 in WP.No.25122 of 2022, directed the election to be conducted, however, making it clear that the result thereof would be subject to outcome of the writ petition. It was also directed that the election result should not be declared and the same should be put in a sealed cover and brought to this Court.

4. Learned counsel for the petitioners would submit that though the petitioners made separate representations both dated 06.09.2022 to respondents 2 to 5 seeking to conduct the election after complying with the statutory rules, however, respondents 2 to 5 proceeded to conduct the nd election based on the impugned election notification of the 2 respondent which is not sustainable. Accordingly, sought for allowing these Writ Petitions.

5. In W.P.No.25122 of 2022, the third respondent filed a counter for himself and on behalf of other respondents stating as follows :

(i) Pursuant to the circular dated 23.05.1995 issued by the Ministry of Defence, certain instructions were given with regard to the mode of conducting elections to the works committee in the defense installations after following the judgment of the Apex Court. Only thereafter, the works committee elections are being conducted as a single constituency. The term of the existing works committee would expire on 26.09.2022 in the second respondent factory and therefore, the impugned election notification was published. Since the tenure of the present works committee could not be extended beyond 26.09.2022 in terms of the letters of the Ordinance Factory Board dated 11.06.2020 and 06.08.2020, the election, as proposed, should be conducted. As per the actual records, there are only 3908 eligible voters to participate in the works committee and 15 booths were allotted to the eligible voters. The intention of the petitioner is against the statutory provisions. The second respondent published a factory order dated 30.08.2022 and this was in compliance of the said circular dated 23.05.1995. From 1997 onwards, elections to the works committee are conducted considering it to be a single constituency. Even in the year 2012 and 2014, the petitioner contested to the works committee elections as a candidate and got votes.

(ii) The respondent factory disposed of the said representation dated

06.09.2022 made by the petitioner vide letter dated 07.09.2022 intimating that as per the judgment of the Apex Court in the case