K.V.SRIDHARAN Vs. S.SUNDAMOORTHY

JUDGEMENT

(1.) HEARD the learned counsel for the parties. The writ petition, out of which the present appeal arises, was filed by the Circle Secretary, All India Postal Employees Union Group 'C', Tamil Nadu Circle Branch, seeking to impugn an order dated 16.10.2008 and also for approval of the list of Office Bearers elected on 21.3.2008 as submitted by the outgoing President and Secretary and to pass such further or other orders.

(2.) IT is clear from the tenor of the prayer made in the writ petition that the dispute is over the election of the Office Bearers of All India Postal Employees Union Group 'C' (hereinafter referred to as the 'said Union'). The question which is of some relevance in this case is whether in respect of disputes relating to election of such Employees' Union a writ petition can be filed.

(3.) ADMITTEDLY , the said Union is a Registered Trade Union. Once a trade union is registered under the Trade Unions Act, 1926, it becomes a body corporate under Section 13 of the said Act by the name under which it is registered and thereafter it has a perpetual succession and common seal, and has the power to acquire and hold both movable and immovable properties and to contract and sue or be sued in the said name. Therefore, by way of registration of a trade union under the said Act, the trade union does not become an Authority under Article 12 of the Constitution of India. It continues to remain just a private body and all disputes relating to election of such a private body cannot be canvassed or challenged in a writ petition. The said Act does not make any provision for recognition of such a union. Any recognition of union, even if it is a union relating to the employees of the Central Government, is governed by some departmental circulars. Those circulars are administrative in nature and not statutory. Therefore, those circulars also cannot be enforced in a writ petition. However, unfortunately, with regard to disputes arising out of the conduct of elections of such trade unions for electing its Office Bearers, various writ petitions are filed before this Court and some of them are entertained. But in none of these cases, this question has ever been discussed. At least, no such decision has been brought to the notice of this Court.