R MURUGESAN Vs. UNION TERRIRTORY OF PONDICHERRY

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India seeks to quash the order of the Registrar of Trade Unions, Government of Pondicherry dated November 14, 1967, addressed to the Secretary, Rodier Mills National Workers Union. The said order states. With reference to your letter dated 1st August, 1967 on the subject mentioned above, the list of office-bearers newly elected by your union in the General Body Meeting held on 30th July, 1967 is approved and registered in this office.

(2.) THE petitioner herein was the president of the union and on some difference occurring between the petitioner and the other members, according to the allegation of the petitioner, the fourth respondent herein purported to convene a meeting of the General Body of the union on July 30, 1967, at which the petitioner was suspended from membership for a period of five years. The petitioner contends that general meeting was not properly convened, because even prior to that meeting, the fourth respondent had been suspended by the petitioner, and, therefore, the office-bearers elected at that meeting were not legally and validly elected and the previous office-bearers continued to be in office. It is on these allegations the petitioner seeks to have the order dated November 14, 1967, of the Registrar of Trade Unions, Government of Pondicherry, quashed.

(3.) IN the affidavit tiled in support of the writ petition, the petitioner contends that the second respondent, namely, the Registrar of Trade Unions, Pondicherry, is merely a registering authority created by the statute and no power has been conferred on him to pass an order of approval, which has the effect of throwing out the existing executive committee. The further contention of the petitioner is that the order of the Registrar is arbitrary and it has been passed without conducting a full and proper enquiry.