ROADWAYS MAZDOOR SABHA Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGING the order dated January 25, 2010 passed by the Registrar, Trade Unions, the present writ petition has been filed. By the order dated March 18, 2009 registration of Form 'J' was granted in recognition of the election of petitioners Trade Union. By the subsequent order which is impugned herein, the said registration Form T has been recalled. The main challenge is that the Registrar does not possess any such power. To appreciate the controversy involved, the facts of the case may be noticed in brief.

(2.) THE petitioners claimed that there is a registered Trade Union in the name and style of "Roadways Mazdoor Sabha, U.P.". THE election of the said Trade Union was held in the year 2002 and since then, no election did take place. For the first time, an election was held after about eight years in the year 2008. In the election which was held in the year 2002 Jaiveer Singh Yadav was elected as President who is petitioner no. 2 herein and Vishnudev Pandey was elected as Secretary, respondent no.6 herein. THE election of the year 2008 was held at Etawah.

(3.) HEARD Sri T.P. Singh, learned senior counsel for the petitioners, and Sri K.P. Agrawal, learned senior counsel for the contesting respondents. Sri T.P. Singh, learned senior counsel for the petitioners, submits that the order recognizing the election of petitioners was passed by the Registrar, Trade Unions by issuing Form 'J'. The said order could not have been reviewed subsequently. Elaborating the argument, it was submitted that the election of the year 2008 was valid for a period of one year up to 2009. After the expiry of the aforesaid period, a fresh election has taken place. This being so, there was no occasion to recall the Form 'J' issued for the election held in the year 2008 by the impugned drder dated January 25, 2010