5.The learned counsel Mr.Shivakumar, appearing for the petitioner herein would submit that All India Supervisors Federation has been representing to the respondents that the category comprising S1 to S3 Supervisors needs to be consulted for periodical wage revision and their exclusion from the negotiations by the Management would only undermine their service interest. The learned counsel would submit that an approval has been sought for recognising the Union comprising S1 to S3 Supervisors, vide letter dated 28.04.2010. In response to the requisition, the Ministry has issued a letter on 01.06.2010, wherein, it is stated that the second respondent has decided to treat Supervisors in S1, S2 and S3 Grades as 'Unionised Supervisors'. On being recognised as 'Unionised Supervisors', in fact, these Supervisors belonging to S1 to S3 Grades were treated on par with the other Workers in terms of several conditions of service. The learned counsel would also submit that as a matter of fact though these employees are categorised as Supervisors, they do not have any supervisory power, which is normally attached to the post of Supervisors. Merely by designating them as Supervisors will not take them out of the benefit of representing their interest through Unions. The learned counsel would also submit that the Union has also raised a dispute in regard to the wage revision of Supervisors S1 to S3 Grades on par with certain category of Workmen, which would further fortify the fact that the said Supervisors were 'Workmen', as defined under the provisions of the Industrial Disputes Act. According to the learned counsel, the wage revision negotiations is underway and therefore, it is imperative on the part of the Management to call the Petitioner Union for negotiations, as any settlement of wages, without the Supervisors in S1 to S3 Grades being represented, their right to have proper wages would be prejudicially affected.
