B.R.AMBEDKAR DEFENCE EMPLOYEES UNION vs UNION OF INDIA

WP No. 5910 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-11-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI
WP No. 5910 of 2024
& WMP.Nos.6547 & 6548 of 2024
Dr.B.R.Ambedkar Defence Employees
Union
Rep by its General Secretary
M. Rajendiran Type II, 102 /8 HVF
Estate Avadi, Chennai 600 054
Petitioner(s)
Vs
1. Union Of India
Ministry Of Defence Rep. by Director
General Ordnance (C & S)
Department Of Defence Production
Directorate of Ordinance (C & S)
10-A, S/K. Bose Road,
Kolkata 700 001.
2.The Deputy Director General
Directorate of Ordnance (C And S)
Field Unit Avadi Chennai 600 054.
3.The Chief General Manager
Engine Factory (a Unit of Armoured
Vehicles Nigam Limiged)
Avadi, Chennai 600 054.
Respondent(s)
PRAYER
This Writ Petition is filed under Article 226 of the Constitution of India, seeking
for a Writ of Certiorarified Mandamus, calling for the records pertaining to the
rd
File No 12/13/2/2023/EFA/IRG published in the internet site of the 3
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WP No. 5910 of 2024
st
respondent on 27.2.2024 and order passed by 1 respondent bearing itr no.12/
13/3/2024/RG dated 07.02.2024 and quash the same and direct the Respondents
to calculate the percentage of votes casted for the petitioner association as per
the total ballots casted and allot JCM Level IV seats as per the eligibility of the
petitioner.
For Petitioner(s): Mr.R.Rajesh Kumar
For Respondent(s): Mr. G.Babu
Senior Standing Counsel
ORDER
Aggrieved by the publication made by the third respondent in the website on
27.02.2024, whereby the petitioner association was denied seats in JCM Level IV, the
present writ petition has been filed.
2.The short facts leading to the filing of this writ petition are as follows:
(i) The petitioner association was registered as a Trade Union and it caters to
the welfare of its members by highlighting their needs. According to the petitioner,
every three years, verification of the union/ association takes place and based on the
ballots casted, verification list is promulgated by the third respondent. As regards
unrecognized union/association, minimum 15% of casted ballots should be casted in
the name of the union or association, then only it becomes eligible for verification.
(ii) On 27.01.2024, verification election was held to select for JCM Level IV
and the petitioner union participated in the election. According to the petitioner, out
of 913 total votes, 817 members voted and the petitioner union secured 134 votes; and
the petitioner received 16.4% of votes, well above the cut off of 15%. Therefore, the
petitioner ought to have been granted two JCM Level IV seats.
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WP No. 5910 of 2024
(iii) It is the further averment of the petitioner that the impugned order dated
07.02.2024 was passed after the election process was over only with a view to curtail
the rights of the petitioner union. The petitioner has also raised caste bias since most
of the members of the petitioner association belong to Schedule Caste/ Schedule Tribe
community. The petitioner has also alleged that the respondents created circumstances
such that the members of the petitioner association could not vote.
(iv) After the voting took place, the respondents have passed the impugned
order tweaking the counting process. As per the new procedure, uncasted votes have
been taken into consideration to arrive at the number of seats to be allotted in JCM
Level IV. Because of the impugned order, the petitioner association was denied an
opportunity of getting seats in JCM Level IV.
(v) Seeking to quash the impugned order and for a further direction to the
respondents to allot JCM Level IV seats as per the eligibility of the petitioner, the
present writ petition has been filed.
3.The respondents have filed a common counter-affidavit contending inter-alia
as follows:
st
(i) According to the respondents, the 1 issued letters dated 06.09.1995 and
04.03.1997 for recognition of unions or workers employed in the Ministry of Defence
installations and the federation of such unions, for which securing 15% membership
out of workmen whom the unions purport to represent is a pre-requisite.
(ii)The letter dated 06.09.1995 clearly stipulates calculation of membership
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WP No. 5910 of 2024
strength of the union also. According to the respondents, to establish representative
character of the union, it will be deemed sufficient if not less than 20% of the
workmen whom the union purports to represent are its members.
(iii)The respondents have also given the break up of votes secured by the
petitioner union, which is as follows:
Dr.Ambedkar Defence Employees Union secured 14.68% of
eligible voters
(a) Engine factory workers union – Secured 7.45% of eligible
voters
(b) Engine factory employees sangh – secured 3.18% of eligible
voters.
th
It is submitted that as per the above constitution of 12 term of
rd
JCM IV Council in respect of the 3 respondent (Engine Factory Avadi),
the petitioner union is not eligible for JCM IV level seats as it had not
obtained the requisite 15% of the eligible membership.
(iv)The respondents have also stoutly denied any caste bias, alleged by the
petitioner union.
(v)The respondents have also denied the allegation of the petitioner that the
members were not allowed to vote. According to the respondents, in order to ensure
that the employees participate in the ballot, instruction was given to the employees to
return to factory to cast their ballot on 27.01.2024. However, certain employees could
not return to cast their votes since they were doing ‘turn duty’.
(vi) The respondents have further averred that membership verification was
done purely based on the guidelines issued by the Government and there was no
illegality or irregularity, warranting interference by this Court. The respondents
therefore prayed for dismissal of the writ petition.
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WP No. 5910 of 2024
4.Heard both sides and perused the materials available on record.
5.The facts of the present case is not in dispute. Admittedly, the MOD dated
06.10.2023 has been issued giving the guidelines for the verification of the
membership of the union association and federation for allotment of seats in JCM
Counsel under the Ministry of defense and constitution thereof. Based on the MOD
guidelines, modalities for the verification of membership for constitution of 12th term
of JCM counsel was issued by the first respondent. Accordingly, the third respondent
has published notification dated 08.01.2024 for conducting membership verification
of the union at the third respondent factory on 27.01.2024. The result was published
by the third respondent on 29.01.2024, wherein the details of employees eligible to
participate, total ballots cast, number of ballots disqualified and ballot held by each
union was stated.
6.The first respondent vide letter dated 07.02.2024 requested the third
respondent to sent details with respect to recognised associations/unions which
participated in the membership verification process through secret ballot and also the
in respect of unrecognized unions which participated in the membership verification
process through secret ballot and mustered more than 15% ballots of the total eligible
employees as per the new check list MOD, for ascertaining the ‘fulfilling the
conditions of recognition’. Accordingly, the details of two unions namely, EFA
Employees Union and National Workers Union, who had mustered more than 15%
ballots has been forwarded by the third respondent, along with the relevant/requisite
documents to the first respondent.
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WP No. 5910 of 2024

7.If at all the petitioner is aggrieved by the election as regards
membership verification conducted through secret ballot, he has to approach the
competent election tribunal and not before this Court under Article 226. Hence,
the prayer sought by the petitioner cannot be granted. Accordingly, the writ
petition is dismissed, however, liberty is granted to the petitioner to work his
remedy before the competent election tribunal, in accordance with law. No
costs. Consequently, the connected miscellaneous petitions are closed.
11-11-2025
Tsg
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
To
1. Union Of India
Ministry Of Defence Rep. by Director
General Ordnance (C & S)
Department Of Defence Production
Directorate of Ordinance (C & S)
10-A, S/K. Bose Road,
Kolkata 700 001.
2.The Deputy Director General
Directorate of Ordnance (C And S)
Field Unit Avadi Chennai 600 054.
3.The Chief General Manager
Engine Factory (a Unit of Armoured
Vehicles Nigam Limiged)
Avadi, Chennai 600 054.
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WP No. 5910 of 2024
M.DHANDAPANI J.
Tsg
WP No. 5910 of 2024

11-11-2025
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