RAM SAHAI PANDEY Vs. STATE INDUSTRIAL COURT

JUDGEMENT

(1.) THIS is a petition by Ram Sahai Pandey under Article 226 of the Constitution against an order passed by the State Industrial Court.

(2.) THE facts which are not in dispute may shortly be stated. One Sabir AH was elected as president of the Rashtriya Mill Mazdoor Sangh (hereinafter referred to as the union ). His election was challenged by respondent No. 2, Deoram before the Industrial Court under Section 28j of the Trade Unions Act, 1926, as amended in this State. During the pendency of those proceedings, Sabir Alt died and the present petitioner Ram Sahai claims to have been elected as president of the union on 25th April, 1971. By order dated 4th August, 1971 the Industrial Court held that the reference against Sabir Ali had abated as he had died and no further orders could be passed. Before this order of abatement was passed by the Industrial Court, the petitioner having been elected president, had applied to the Registrar of Trade Unions for registration of his name as the president. The Registrar was making an enquiry into this claim of the petitioner. Respondent No. 2 then filed another application for reference before the Industrial Court challenging the election of the present petitioner on the ground that Sabir Ali not having been duly elected, no vacancy occurred after his death and the election of the present petitioner was, therefore, invalid. Along with this application he also applied for an interim order directing the Registrar not to proceed with the registration of the name of the present applicant. The Industrial Court passed an interim order on 20th September, 1971, and directed the Registrar not to make any entry till the proceedings before the Industrial Court were finally decided. The Industrial Court also gave an opportunity to the present petitioner to object to the order. The petitioner then moved an application before the Industrial Court for vacating the ex pane order and after hearing both the parties the Industrial Court passed the order dated 6th October, 1971, which is being challenged by this writ petition (Annexure 'p' to the petition ).

(3.) IN this order dated 6th October, 1971, the Tribunal stated that the Tribunal had already made it clear in its order dated 20th September, 1971 that Deoram Jadav had a prima facie case and, therefore, it need not say anything further and that it also considered it unnecessary to issue any other direction to the Registrar with the result that the interim order which had been passed became the final interim order till the disposal of the proceedings. The Industrial Court also directed that the proceedings before it be accelerated, the intention being to finally dispose of the controversy as early as possible.