RASHTRIYA LABOUR UNION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of seeking following reliefs:-

(2.) The case of the petitioner is that the petitioner Rashtriya Labour Union is registered under the provisions of the Trade Unions Act, 1926 (hereinafter to be referred as 'the Act') before the Deputy Registrar of Trade Unions, State of Gujarat way back on 27.9.1990 bearing Registration No.G/4742. The Union has espoused the cause of several labourers and made endeavour to uplift their standards. According to the petitioner, there are as many as 989 individual members of the petitioner Union and since last 27 years, the members and the office bearers have been representing the cause of labourers before various forums, i.e. Labour Courts, Industrial Courts, Labour Commissioner, Deputy Commissioner, etc. in accordance with law. Every year, in accordance with the constitution of the Union, the office bearers have been elected and as required under Section 28 of the Act, yearly returns have also been filed regularly before the respondent No.2 authority in consonance with the Gujarat Trade Union Regulations 1963 (hereinafter to be referred as 'the Regulations').

(3.) This petition was entertained by the Court while issuing the notice on 8.2.2019 and subsequently, after adjournments from time to time, it came up for consideration before this Court on 12.10.2020, wherein both learned advocates, i.e. learned advocate Mr. Manan K. Paneri for the petitioner as well as learned Assistant Government Pleader Mr. Bharat Vyas for the respondent State authority, have jointly requested to take up the matter for its final disposal in view of the series consequences which are falling back on the pending proceedings filed in various forums by the petitioner Union for espousing the cause of labourers and it is in that circumstance, upon specific request, this Court has considered to take up the matter for its ultimate consideration.