HINDUSTHAN LEVER SRAMIK KARMACHARI CONGRESS Vs. ASHISH CHAKRABORTY

JUDGEMENT

(1.) This is an application for contempt for wilful disobedience and deliberate violation of my order dated 21st July, 1989 passed in C.O. No.1939 of 1989 by the alleged contemnors by not allowing the Special Officers to hold and conduct the election of the Executive Committee of the Hindusthan Lever Sramik Karmachari Congress as per programme drawn by the two Special Officers in accordance with the direction given to the learned Additional District Judge, 5th Court, Alipore and also by interfering with the course of justice by intimidating and coercing and also assaulting the two Special Officers appointed as per my order to frustrate the election of the Union.

(2.) In my Judgment of 21st July, 1989, I, inter alia, directed the learned Additional District Judge, 5th Court, Alipore, to appoint two Special Officers to conduct the election of the Executive Committee of the Hindusthan Lever Sramik Karmachari Congress in accordance with the constitution of the said Trade Union within a period of two months from the date of their appointment. The learned Judge was given liberty to give necessary direction to the Special Officers and to hold the election through secret ballot. I further directed that the Special Officers would be a liberty to take suitable police help for holding and completing the election by declaring the result and the concerned police authorities of the are, including the Deputy Commissioner of Police and the Officer-in-Charge of the Police Station were directed to render all possible police assistance to the Special Officers for the smooth conduct of the election. Liberty was also given to the Special Officers to seek direction from the learned Additional District Judge whenever they would so require. I further directed the till the election took place there would be status quo as of 21st July, 1985 with regard to the affairs of the Union vis-a-vis the petitioner. Mr. Asish Chakraborty moved the Supreme Court against my Judgment and the S.L.P. (Civil) No.10156 of 1989 was disallowed on 27th September 1989.

(3.) In paragraph 27 of the Judgment I observed that the newly-elected Executive Committee did not appear to be functioning smoothly and if functioning at all for limited purposes, it was functioning with the active aid and assistance of company in paragraph 29, I made clear that the best course would be to direct the Hindusthan Lever Sramik Karmachari Congress to hold the fresh election of the Executive Committee of the Union under the supervision of two Special Officers to he appointed by the learned Additional District Judge, 5th Court, Alipore, so that the wrangle among the two factions led by Tewary and Ashish must come to an end once for all and the Company must work smoothly and peacefully with the new Executive Committee in accordance with law" [1989(2) C.L.J. 140 = CAL LT 1989(2) HC 283].