M. UMAPATHY Vs. JOINT COMMISSIONER OF LABOUR

JUDGEMENT

(1.) The Appellant in W.A. No.606 of 2020 was the Petitioner in W.P. No.35349 of 2019. He submitted two representations/complaints dated 30.11.2019 and 12.12.2019 to the Registrar of Trade Unions complaining about irregularities in the functioning of the All India Overseas Bank Employees' Union (the Trade Union). Being dissatisfied with the lack of response to the said representations, he filed W.P. No.35349 of 2019 praying for a writ of mandamus to direct the Registrar of Trade Unions/first Respondent to enquire into the complaints made by him on 30.11.2019 and 12.12.2019 and to direct the first Respondent to conduct the 36 th General Council Meeting on 11.01.2020 and the election of office bearers on 12.01.2020 strictly in accordance with the existing Bye-laws of the Trade Union and not to permit any amendment regarding continuation of retired employees as office bearers of the Trade Union.

(2.) In the said writ petition, by order dated 06.01.2020, the Court appointed an Advocate Commissioner to monitor the 36 th General Council Meeting at Thanjavur on 11.01.2020 as well as the election of office bearers on 12.01.2020 and to file a report thereon before the Court. Pursuant thereto, the Advocate Commissioner filed a report dated 27.01.2020. Written objections were filed by the Appellant/Petitioner to the Advocate Commissioner's report on 09.02.2020. Eventually, by order dated 21.02.2020, the Court took note of the fact that both the General Council Meeting and the election of office bearers were conducted. The Court also took note of the fact that the Petitioner and the contesting Respondent were taking contrasting and contradictory positions as to whether the General Council Meeting and the election of office bearers were conducted properly. Therefore, the Court disposed of the writ petition by stating that an election dispute should be raised before the appropriate forum in accordance with the procedure prescribed for such purpose. On that basis, the writ petition was disposed of. However, the Court directed the parties to maintain the status quo until 09.03.2020. Pursuant to the said order, the Appellant in W.A. No.606 of 2020 states that a civil suit has been filed to challenge the General Council Meeting and the election of office bearers. An exemployee of the Trade Union, who is a 3 rd party, filed W.A. No.450 of 2020 to challenge the order of the writ court. These appeals raise common issues; therefore, they were heard jointly and are disposed of by this common judgment.

(3.) We heard Mr.K.M.Ramesh, the learned counsel for the Appellant in W.A.No.606 of 2020 and for the first Respondent in W.A.No.450 of 2020; Mr.Perumbulavil Radhakrishnan, the learned counsel for the Appellant in W.A.No.450 of 2020; Mr.C.K.Chandrasekaran, the learned counsel for Respondents 7 to 16 in both writ appeals; Mr.Emalias, the learned counsel for Respondents 2 to 4 in W.A.No.606 of 2020 and for Respondents 3 and 4 in W.A. No.450 of 2020; and Mr.R.Parthasarathy, party-in-person for R-6 in W.A.No.450 of 2020 and R-5 in W.A.No.606 of 2020.