MUKHERJEE P K Vs. INDUSTRIAL COURT

JUDGEMENT

(1.) IN this writ Petition, the petitioners have challenged the propriety of the order dated January 13, 1995 passed by the Industrial Court, Raipur, rejecting the application of the petitioners under Section 28 (j) of the Trade Unions Act for a declaration/that Respondent Nos. 2 and 3 have ceased to be the office bearers of Bharat Aluminium Mazdoor Sangh (hereinafter referred to as BAMS) on account of their promotion in the (executive cadre, as contained in Annexure-P/7.

(2.) THE BAMS is a recognised representation union of Bharat Aluminium Company Ltd. (hereinafter referred to as BALCO ) and is governed by its Constitution. The office bearers of BAMS are elected under clause 13. 1 of the Constitution for a period of three years. In the election of office bearers of BAMS held on May 12, 1991, Respondent No. 2 was elected as Senior Secretary, whilst Respondent No. 3 was elected as Senior Vice President.

(3.) ON September 16, 1993 the Respondent Nos. 2 and 3 were promoted from Supervisor to Technical Officer in executive cadre with effect from April 1, 1993 and continued to hold the office of General Secretary and Vice President of BAMS. On November 9, 1993, a meeting of the General Council of BAMS was convened under Clause 12. 3 read with Clause 12. 4 of the Constitution of BAMS, at the instance of 75 members, which was attended by 137 out of 46 members of the General Council, besides about 100 others and it was unanimously resolved that Respondents 2 and 3 had ceased to be lawful office bearers of the BAMS and the work of Respondent No. 2 would be looked after by the Deputy General Secretary, Shri. P. K. Mukherjee. Petitioner No. 1, and one Senior Vice President will look after the work of Respondent No. 3, until fresh elections are held. This resolution of the General Council with regard to the change in the office bearers was communicated to the Registrar of Trade Unions in Form E.