IDEAL JAWA EMPLOYEES ASSOCIATION Vs. UMESH

JUDGEMENT

(1.) The Ideal Jawa Employees' Association, Mysore, represented by its President, has presented this Petition questioning the Calendar of Events dated 10-7-i984 Annexure-D) issued by the Returning Officer and Assistant Commissioner, Mysore SubDivision, for the purpose of holding the election of office-bearers and members of the Executive Committee of the Ideal Java Employees' Association Mysore.

(2.) The facts of the case, in brief, are as follows : The Ideal Jawa Employees' Association is a tradeunion registered under the Trade Union Act. For the purpose of holding the election of office-bearers of the tradeunion it has adopted the Model Election Rules framed by the State Government under the provisions of the Trade Unions Act. In addition, the Trade Union has also framed its own additional Rules. Copy of it is produced as Annexure-A to the Petition. In accordance with the Rules framed by the Petitioner-union, election of office-bearers consisting of a President, Vice-President, Secretary. Two Additional Secretaries, a Treasurer and 16 members was held on 18-3-1983. Shri A.K. Subbaiah was elected as President of the Union along with other officer-bearers. According to Rule XI(3) of the Rules Vide Annexure-A, the term of office bearers is two years' Rule 7 of the Rules prescribes the procedure for removal of office bearers elected at an election. According to the said rule read with Rule XV111 (d), if a requisition signed by not less than 14th of the members of the Association, is given requesting the President to convene a special general meeting for the purpose of moving 'No Confidence' against him or any other office-bearers, he is required to convene a special meeting as requested. If the President fails to convene the meeting as requested, Rule XVIII (d) of the Rules provides that any other office-bearer could convene the meeting. The resolution could be passed if at least fifty per cent of the members are present and two-thirds of them vote in favour of the resolution. A requisition is said to have been served on. the President on 16-5-I984 requesting him to convene a special general meeting for the purpose of expressing 'No Confidence' in him within two weeks. But shortly thereafter on 20-5-1984, a general body meeting is said to have been held, a resolution is said to have been passed removing Sri A.K. Subbaiah from the office of the President. Thereafter, the impugned calendar of events has been issued by the Assistant Commissioner for the purpose of holding fresh election of office-bearers of the Union on 10-7-1984, as he was nominated as the Returning Officer by the Commissioner of Labour, who is said to have been requested by the Association for holding a fresh election. It is the validity of the said notice, which has been challenged by the Petitioner in this Writ Petition.

(3.) The grounds on which the notice of election has been challenged by the Petitioner are as follows :