MOSABANI MINES LABOUR UNION Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal under clause 10 of the Letters Patent of the Patna High Court is directed against the judgment and order dated 16.5.1997 passed by a learned Single Judge of this Court in CWJC No.675 of 1997(R) whereby and where under the learned Single Judge dismissed the writ petition and refused to grant any relief to the petitioner -appellant.

(2.) THE aforesaid writ petition was filed by the petitioner -appellant challenging the authority of respondent no.2 in passing the order dated 24.2.1997 whereby respondent no.2 (Labour Commissioner -cum -Registrar of the Trade Union, Bihar, Patna) recommended the names of the office bearers of the rival faction of the Mosabani Mines Labour Union to the management for recognition. The aforesaid order was challenged by the petitioner on the ground, inter alia, that the Mosabani Mines Labour Union is a trade union, registered under the Trade Unions Act representing the workers of the Hindustan Copper Limited and has its own constitution and rules for proper functioning of the Union and affiliated body of the Indian Trade Union Congress. The elections for the office bearers of the Union were regularly held as per the terms laid down in the constitution of the Union and prior to the present dispute in between the petitioner which is the recognised Union by the management, and the rival faction of the Union the election was held on 21.1.1991 for the period 1991 -92. The period of the committee was extended from time to time since the wage settlement in the Copper Industries was in progress and the period of the committee was valid till 31.12.1995. The election was conducted between 7th to 15th February, 1996 at Mosabani in presence of the officers of the local administration, representatives of the Press and thousands of workmen and on 14th February, 1996, the executive committee members were duly elected. The petitioner's case was that Sri Ashok Mishra was unanimously elected as President by the executive committee members. However, respondent no.6 also called a meeting illegally contrary to the bye -laws in which signature of some persons who were not even members of the Union were taken and respondent no.6 declared himself elected as President of the Union. The rival faction of the Union preferred a writ petition before the Calcutta High Court in which prayer was made to recognise the newly elected body of the Union and for prohibiting the concerned respondents from recognising the petitioner -Union in respect of the administration or taking policy decision on behalf of the Union. In that writ petition, affidavits and counter affidavits were filed by the parties and the said writ petition is pending for hearing. A similar writ petition was also filed before this Court being C.W.J.C No.314 of 1997(R) for a direction to respondent no.2 to recall the list of the office bearers of Mosabani Mines Labour Union elected in the general body meeting held on 10.9.1995. On 4.2.1997 an order was passed in that writ petition for issuance of notice to the Management namely, Hindustan Copper Ltd.

(3.) THE appellant's case is that the Registrar, Trade Union, illegally issued an order dated 24.2.1997 giving direction to the management to recognise the Union represented by the respondent no.6.