Trade union faction dispute over a 2012 election and register entries by the Additional Registrar. The court observed that the impugned letter only made entries in form B register and would have no bearing on rival claims, which remain subject to the final decision in Second Appeal No. 20 of 2012.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 4830 of 2016
Bokaro Steel Worker’s Union, INTUC Affiliation No. 2826, having its registered office at III/B, Qtr. No. 247, Bokaro Steel City, P.O. & P.S. Bokaro, District- Bokaro- 03, Jharkhand, through its General Secretary Birendra Nath Choubey, S/o Late R.N. Choubey, Resident of Qtr. No. 2-178, Sector IIA, P.O. & P.S. Bokaro, District- Bokaro, Jharkhand. … … Petitioner
Versus
… … Respondents
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Petitioner : Mr. Mukesh Kr. Sinha, Advocate For the State : Mr. Mrinal Kanti Roy, GA-I : Mr. Rishi Ranjan Vats, AC to GA-I ---
13 /14.10.2024
1. Heard the learned counsels for the parties.
2. This writ petition has been filed for the following reliefs:- “a. For issuance of writ in the nature of certiorari for quashing the letter no. – 1929 dated 19.09.2013 and issued by Additional Registrar, Trade Union, Jharkhand, Ranchi (Respondent No. – 4) whereby and whereunder the said authority hold the election of BSWU held on 13.05.2012 in the light of order dated 25.01.2016 passed in Title Appeal No. – 5/95 by Learned District Judge-I, Bokaro to be valid and genuine and registered the names of the elected members in statutory form – B register of the Trade Union and also got subsequent changes entered and notified annually in terms of letter no.- 1385 dated 27.08.2014 and letter no.- 1616 dated 04.09.2015, while considering the fact that the order passed in Title Appeal, pursuant to which the election was held on 13.05.2012 has already been stayed by this Hon’ble Court in terms of order dated
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23.03.2012 passed in S.A. No. 20/12 and further the learned court below had no jurisdiction to pass an order for holding fresh election as the same is contrary to the bye-laws of the Trade Union and moreover it is a settled law that no authority or court has any jurisdiction to pass any direction to hold election contrary to the bye-laws of the Trade Union.
b. To hold and declare the election of BSWU held on 13.05.2012 in compliance of order/direction dated 25.01.2012 passed in Title Appeal No. 5/95 by District Judge-I, Bokaro to be bad in law and without jurisdiction and also of the fact that once an order of stay was passed by the Hon’ble Court then any action in view of order passed in Title Appeal in violative of the order of the Hon’ble Court. Further the subject matter of the suit was the result of the election dated 24.08.1990 and during pendency of the suit and the Appeal, Subsequent elections were held as per the bye-laws and were never challenged and apart from aforesaid the “check off system” under which the election was ordered to be conducted have not been followed by the management since 2003 as the management never remitted any amount after deducting the same from the salary of the employees.
c. For issuance of appropriate direction upon the concerned respondents to expeditiously conduct fresh elections of the office bearers of BSWU as per the constitution of BSWU under the aegis of the parent body of BSWU, i.e. INTUC, New Delhi.
And/Or
Pass such other order/orders(s), direction/direction(s) as Your Lordships may deem fit and proper in the interest of justice.”
3. The learned counsel for the petitioner has submitted that he is confining his relief only to the prayer made in paragraph 1(a) of the writ petition. The learned counsel has submitted that the letter no. 1929 dated 19.09.2013 has been issued by Additional Registrar, Trade Union, Jharkhand, Ranchi by referring to the suit between two factions of the Trade Union which was subject matter of Title Appeal No. 5 of 1995 and the letter relates to making entry in statutory form B register with regard to the elected members. The period of election has been referred to as 2012-15. He submits that the said Title Appeal is subject matter of consideration of Second Appeal No. 20 of 2012
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which is still pending before this Court. The Second Appeal has been admitted for final hearing after framing substantial questions of law.
4. The learned counsel submits that though the period for which the election was held is already over but the powers of the Registrar/Additional Registrar is only confined to updating the register and no more. He submits that it would be suffice if it is observed that the issuance of the impugned letter dated 19.09.2013 will have no bearing on the rival claims of the faction of the Trade Union as the dispute between rival factions is already subject matter of the aforesaid second appeal.
5. He has referred to the judgment passed by this Court in the case of Ram Chandra Singh v. State of Bihar reported in AIR Jhar H.C.R. 1 , paragraph 7, wherein earlier judgment passed in the case of Mukund Ram Tanti v. S. I. Raza reported in AIR 1962 Pat 338 has been referred and while interpreting section 28 of Trade Unions Act, 1926 it has been held that the Registrar of Trade Union can hold an enquiry for the purpose of maintaining and updating the register and his decision in this regard shall neither confer any right on any person or group of persons nor divest any person or group of persons of their lawful rights. He has submitted that in the said judgment it has been also held such a dispute can only be decided through a suit in civil court. He submits that in the present case with respect to rival claim, the suit was filed which is now subject matter in the Second Appeal before this Court.
6. The learned counsel appearing on behalf of the respondents has submitted that even the petitioner claims to have been elected but the election of the petitioner is in violation of the interim order dated 23.03.2012 passed in Second Appeal No. 20 of 2012 and the petitioner has alleged that the election involved in the present case was in violation of the interim order dated 23.03.2012. He has also submitted that when the election was held on 13.05.2012 the Title Appeal No. 5 of 1995 was subject matter of Second Appeal No. 20 of 2012 and interim order dated 23.03.2012 was already passed.
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7. The learned counsel has also submitted that the period for which the election was held is already over and therefore, the present writ petition has become infructuous for all practical purpose. He has also submitted that ultimately the parties would be governed by the result of Second Appeal No. 20 of 2012.
8. After hearing the learned counsels for the parties and considering the facts and circumstances of this case, this Court is of the considered view that the impugned letter No. 1929 dated 19.09.2013 issued by the Additional Registrar, Trade Union, Jharkhand, Ranchi is essentially for the purpose of making entry in form B register and the period of election is already over. It is sufficient to observe that the impugned letter will have no bearing on the claim of the rival factions of the Trade Union and the rival claim would certainly be subject to final decision in Second Appeal No. 20 of 2012.
9. This writ petition is accordingly disposed of with the aforesaid observation.
10. Pending I.A, if any, is closed.
(Anubha Rawat Choudhary, J.)
Rakesh/-
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2 issues framed by the court
Whether the impugned letter dated 19.09.2013 making entries in form B register affects the rival claims of the Trade Union factions pending in Second Appeal No. 20/12?
Whether the writ petition has become infructuous as the election period is over?
Colour shows how this judgement treated each authority
Ram Chandra Singh v. State of BiharReferred¶5
AIR Jhar H.C.R. 1
Mukund Ram Tanti v. S. I. RazaReferred¶5
AIR 1962 Pat 338 · Who else cites this
1 provisions across 1 enactments
Bokaro Steel Worker's Union, INTUC Affiliation No. 2826
The State of Jharkhand
The Secretary, Department of Labour, Employment & Training, Government of Jharkhand
The Labour Commissioner Cum Registrar, Labour Union, Department of Labour, Employment & Training, Government of Jharkhand
The Additional Registrar, Labour Union, Department of Labour, Employment & Training, Government of Jharkhand
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
