KUNWAR SINGH Vs. ANOOP SINGH

JUDGEMENT

(1.) SHRI Kunwar Singh Mawai has come up in the writ appeal aggrieved by an order dated january 8, 2008 passed by single Bench of this court in W. P. No. 3091/2006 thereby setting aside the order (P-1) dated June 14, 2006 passed by the Industrial Court directing Industrial court/registrar to pass appropriate order in accordance with law and decide the dispute after hearing the affected parties within a period of three months.

(2.) RESPONDENTS No. 1 and 2 namely Anoop singh Tomar and Vinay Gupta preferred a writ petition before the single Bench. It was averred by them that they were members of the J. K. Tyre Trade Union. The necessary fee had already been collected from their salary. The term of the union of the Employees was expired on March 12, 2006 and thereafter the new elections were to be conducted. Petitioners and other employees of the factory moved an application (Exhibit P-2) on March 23, 2006 for conducting election afresh. Application was moved before the Registrar Trade Unions. Application (Exhibit P-3 and P-4) were filed on march 25, 2006 and March 29, 2006 respectively before Registrar Trade Unions bhopal for conducting election afresh. The registrar as per order (Exhibit P-5) dated march 31, 2006 asked the General Secretary of the old union to explain as to the elections conducted in the year 2003. On March 27, 2006 respondent No. 1 issued notification (Exhibit p-6) to hold election on April 9, 2006. Kunwar singh Mawai cancelled the election and accordingly the Registrar as per order (Exhibit p-7) dated April 10, 2006 directed to hold election between April 20, 2006 to April 26, 2006. Shri Kunwar Singh Mawai wanted to conduct the election outside the factory premises contrary to the earlier practice and accordingly a complaint was filed to the registrar and Registrar as per order (P-8) dated april 18, 2006 stayed the holding of election outside the factory premises. Inspite of direction Kunwar Singh Mawai wanted to conduct the election on April 23, 2006 outside the factory premises. Matter of non-compliance of the order dated April 18, 2006 was reported to the Registrar Trade Union and accordingly on consideration of the complaint filed by petitioners and other employees. As per order dated April 21, 2006 the direction was again reiterated by the Registrar Trade Union. Another order (Exhibit P-11) dated April 22, 2006 was passed by the Registrar staying holding of entire election. Unfettered by the 3 orders so called election was conducted on april 23, 2006 at a different place in which only a group employees of union participated in violation of directives issued by Registrar, despite of stay order granted by the Registrar. On June 12, 2006 Shri Kunwar Singh Mawai filed an application under Section 28-J of the indian Trade Unions Act, 1926 before the industrial Court at Gwalior which was decided finally on June 14, 2006 at camp Rewa. In the application General Manager, J. K. Tyre banmore Kamgar Sangh, District Morena and registrar were arrayed as respondents: industrial Court without issuing notices to any of the respondents arrayed in the application passed an ex parte order (P-1) on June 14, 2006 declaring Kunwar Singri Mawai as elected general Secretary of the J. K. Tyre Union banmore Kamgar Sangh. Aggrieved thereby writ petition was preferred before the single bench, assailing the order of Industrial Court on the ground that without waiting for decision of the Registrar, order could not have been passed by the Industrial Court. Case was filed before Industrial Court at Gwalior. It was transferred to Rewa and without issuance of any notice to any party the impugned order (P-1)was passed by Industrial Court. During the stay no election could have been held. Petitioners and other members of Trade Union who objected the election and at whose instance the stay order granted by the Registrar were not made parties, no notice was issued to them. The matter with respect to conduct of election was pending consideration before the Registrar, still without notice order was passed by the industrial Court. There was no election held in the eye of law, management was not heard before passing the impugned order. Industrial court could not have taken up the matter during the vacation at Rewa, it was required to be heard at Gwalior.

(3.) IN the return/additional return filed by respondent No. 1 it was submitted that petitioner No. 1 Anoop Singh Tomar is not member of J. K. Tyre Banmore Kamgar Sangh, banmore. Letter (R. 1. 3) was written by petitioner No. 1, for removal of the membership from the union, contribution was also not deducted, thus, petitioner No. 1 cannot be said to be interested member in the affairs of the union. Petitioner No. 2 was member as per the list at S. No. 768 of which membership fee was paid. He did not raise any grievance before the authority, thus, petitioner No. 2 could not be said to be aggrieved person interested in assailing the order passed by the Industrial court. No caveat application was filed before the Industrial Court. The writ petition is not maintainable against the respondents. For holding elections, election officer was empowered. Shri S. P. Sharma was appointed as chief Election officer. Shri R. N. Verma was appointed as Election officer. Shri Randhir singh and Shri Ashok Goswami were appointed as Asstt. Election officer. The management provided the list of 768 workmen. Election programme was published on April 7, 2006. Election was not concluded, inspite of that registrar was approached. Registrar of Trade unions directed the Trade union vide letter dated April 10, 2006 to conduct the election impartially and without influenced by anyone. Instructions were received to hold the election between April 20, 2006 to April 26, 2006 and the Chief Election officer was to be appointed by the management or to be Govt, officer. It was not a legal condition. The management could not have appointed Election officer to conduct impartial election, therefore, this condition was not followed by the union and election was held on April 23, 2006. Kunwar Singh Mawai was elected General Secretary and J. P. Bhardwaj was elected as President, other office bearers were also elected. Report was submitted by the chief Election officer. Meeting was attended by members required for constituting the quorum.