Disposed

Sri Umesh Chandra Devrani v. State of Uttarakhand through Secretary Labour Dehradun Uttarakhand

Uttarakhand HC21 Dec 2020WPMS/333/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the election of workers union office-bearers for being non-workers. It refused to be outgoing, but directed the Registrar to examine the challenge and decide within eight weeks.

What did the court decide?

Liberty to represent before Registrar of Trade Unions to decide on compliance with Section 22; Registrar to pass appropriate order within eight weeks.

Sri Umesh Chandra Devrani Vs State of… — Pension and Retirement Benefits | Uttarakhand HC (2020)

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WPMS No. 333 of 2018

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Hon’ble Manoj K. Tiwari, J.

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Mr. Navnish Negi, Advocate for the petitioner.

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Mr. Vijay Khanduri, Brief Holder for the State of Uttarakhand.

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Mr. Anil Kumar Dabral, Advocate for respondent no. 6.

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Heard learned counsel for the parties through video conferencing.

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By means of this writ petition, petitioner has challenged the result of election of Executive Committee of Garhwal Motor Transport Workers Union, Kotdwar. The sole ground for challenging the said election is that more than 50% of the office-bearers, who have been elected, are non-workers. This, according to learned counsel for the petitioner, is violative of Section 22(1) of Trade Unions Act, 1926. Section 22(1) of the said Act is reproduced below:-

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“ 22. Proportion of officers to be connected with the industry . (1)Not less than one-half of the total number of the office-bearers of every registered Trade Union in an unorganized sector shall be persons actually engaged or employed in an industry with which the Trade Union is connected.

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Provided that the appropriate Government may, by special or general order, declare that the provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the order.”

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Mr. Anil K. Dabral, learned counsel for respondent no. 6 has drawn attention of this Court to order dated 01.09.2017 passed in

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WPMS No. 1842 of 2016 filed by the petitioner.

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Perusal of the said order reveals that elections were held in terms of direction issued by coordinate Bench of this Court in para 6 of the said order.

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In such view of the matter, this Court is not inclined to interfere with the result of the election. However, having regard to the facts and circumstances of the case, writ petition is disposed of with liberty to petitioner to make representation before Registrar, Trade Union, Uttarakhand. If such representation is made within two weeks from today, the Registrar shall consider the same in accordance with the provisions of Trade Unions Act, especially Section 22 thereof and also byelaws of the Trade Union, and pass appropriate order within a period of eight weeks from the date of receipt of such representation along with certified copy of this order.

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It goes without saying that before taking any decision, Registrar, Trade Union shall hear all the stakeholders, including respondent no. 6 – Garhwal Motor Transport Workers Union.

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Aswal

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(Manoj K. Tiwari, J.) 21.12.2020

Sri Umesh Chandra Devrani v. State of Uttarakhand through Secretary Labour Dehradun Uttarakhand

Case brief

What is this about?

What did the court decide?

Sri Umesh Chandra Devrani v. State of Uttarakhand through Secretary Labour Dehradun Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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