JUDGMENT :

A.K. Sikri, J.

Leave granted.

2. The appellant-Union, known as All Escorts Employees Union, was formed way back in the year 1968. It is a registered Trade Union which was representing the employees of Escorts Group of Industries and is duly recognised by the employers as well. Some of the Establishments of Escorts Group were Escorts Ltd., Escorts Yamaha Ltd., Escorts JCB Ltd., Escorts Class Ltd. And Escorts Hospital. It is an undisputed fact that the workmen from all these industries were members of the appellant-Union. As far as Escorts Yamaha Ltd. is concerned, it was a joint venture of Escorts Management and Yamaha Motor Company, Japan. In the year 2001, this company was taken over by Yamaha Motor Company, Japan and its name was changed to Yamaha Motor India Private Limited (hereinafter referred to as the ‘Yamaha’). After this separation, the workmen working in Yamaha ceased to be the members of the appellant-Union, in view of Clause 4 of its Constitution which spelled out who could be the members of the Union. With an intention to take them within its fold again, the appellant-Union amended Clause 4 of its Constitution. Clause 4 deals with ‘Membership’. As per the amended clause, workers employed in any erstwhile Escorts concern at Haryana are entitled to become the members of the appellant-Union. The aforesaid Clause 4 of appellant’s constitution was amended in June, 2001. This amendment was sent to the Registrar, Trade Union, Haryana for its record and approval. The Registrar, Trade Union did not approve the amendment. Challenging the decision of the Registrar, Trade Union, writ petition was filed in the High Court of Punjab & Haryana by the appellant-Union. This writ petition has also been dismissed by the High Court vide impugned judgment dated April 20, 2015.

3. In the challenge laid to the view taken by the High Court, the question of law which is raised by the appellant-Union is as to whether a Trade Union can have a membership of the workmen from other industries? To put it otherwise, whether a Trade Union can have its members who are working in different establishments or industries enabling that Trade Union to espouse their cause?

4. In addition to the aforesaid facts noticed at a glance, it is desirable to set out other facts also so that the factual narration is complete:

The appellant-Union is a registered Trade Union having Registration No. 75 of 1968. It was formed and got registered under the Trade Unions Act, 1926 (hereinafter referred to as the ‘Act’) in the year 1968. Its registered office is located at 29, Neelam Chowk, Faridabad. The Union is duly recognised by the Escorts Group of Industries. The Constitution of the appellant-Union was duly approved by the Registrar of Trade Unions. Clause 4 of the Union’s Constitution, as it originally stood, reads as follows:

“Membership

“Any workers who are employed in any Escorts concern at Faridabad and agree to follow the rules and regulation of the Union can become a member after filling the membership form and by paying the membership fee monthly or annually. Any member who leaves the job of any of Escorts concern at Faridabad will cease to be a member of the Union.”

5. In the month of August, 2001 the establishment manufacturing two wheeler motorcycles under the brand name of ‘Yamaha’ got segregated from the Escorts Group of Industries. Thus, it became a 100% subsidiary of ‘Yamaha Motor Company, Japan’. In view of this separation, the Escorts Group of Companies ceased to have any concern with the manufacturing of motorcycle and ownership or management of motorcycle manufacturing unit which is now exclusively with the ‘Yamaha Motor Company, Japan’ named in India as ‘Yamaha Motor India Private Limited’. The Escorts Company in fact does not have any share-holding with it.

6. Since Clause 4 of the appellant’s Constitution provides membership to those workers who are employed in any Escorts concern at Faridabad, all the workers of Motor Cycle Manufacturing Unit w