L.S.SIBU Vs. UNION OF INDIA

JUDGEMENT

(1.) Can the election process to the Managing Committee of a trade union registered under the Trade Unions Act, 1926 ('the Act' for short) be interdicted in a Writ Petition under Article 226 of the Constitution of India

(2.) The Guild which is a union registered under the Act is having its main office at Mumbai in the State of Maharashtra with branch offices at northern, southern, eastern and Kerala region. The Managing Committee of the Guild shall have at least 2 members - one technical and another non-technical - from each region who are to manage its financial and organisational affairs. The tenure of the Managing Committee shall be three years and election officers have been appointed to conduct election in the various regions of the Guild. The petitioner claiming to be a member of the Guild has filed the writ petition to stall the election to the Managing Committee on the premise that the election in the Kerala region is not yet complete.

(3.) The Guild and one of its election officers have filed a counter affidavit contending inter alia that the petitioner had resigned from its primary membership long ago and cannot pro ute the writ petition. The very maintainability of the writ petition is challenged on the ground that the Guild registered under the Act is not a 'State' coming within Article 12 of the Constitution of India.