GHULAM MOHAMMAD BHAT Vs. UNION TERRITORY OF JK

JUDGEMENT

(1.) Petitioners claim to be the members of National Hydro Power Corporation (NHPC) Union, Bandipora, registered by the Registrar of Trade Union (Labour Commissioner) J&K Government, Jammu/Srinagar in terms of certificate of registration bearing No. 1514 dated 24.10.2011. The petitioners have enclosed the Memorandum of Association and Constitution of Union with the petition, which provides the mode for holding the elections. It is submitted that once elections are held for the office bearers, the tenure of the same is for two years. It is further submitted that elections were held in the year 2014, which tenure has ended in the year 2016. It is also submitted that since 2016, no elections were held and the erstwhile office bearers (Respondents 8 to 11) are in receipt of contributions of the members, which as stated, they have embezzled. It is submitted that the petitioners/members of the Union have approached the Labour Commissioner, J&K, Srinagar by medium of representations dated 23.01.2019 and 29.07.2019. It is further submitted that Deputy Labour Commissioner (C), J&K Govt. Srinagar, in terms of communication bearing No. LC/TU/2019/72 dated 17.10.2019, asked the Assistant Labour Commissioner, Bandipora, to conduct on spot inspection and furnish a detailed report to his office but despite directions, the Assistant Labour Commissioner, Bandipora is not conducting the inquiry and instead is interested in continuing with the Respondents 8 to 11. It is further pleaded that the Respondent No. 8 has no authority to issue election notice as he is no more the president of the Union as he has already completed his tenure as president of the union in the year 2016. It is stated that the Respondents 8 to 11, are unauthorizedly running the affairs of the union as office bearers because they have lost their mandate in tune with application of the Constitution of the Union and the by-laws. The petitioners have challenged the impugned communication bearing No. ALC/BPR/2019/654-61 dated 23.11.2019 issued by the Assistant Labour Commissioner, Bandipora, whereby the elections of the Union have been preponed and re-scheduled on 10.12.2019.

(2.) Mr Mir Suhail, learned AAG waives notice for Respondents 1, 2 and 5, Mr N.H. Shah, learned Sr AAG for Respondent No. 3 and Mr B.A. Dar, learned Sr AAG for Respondents 4 and 7. Reply by or before next date of hearing.

(3.) Notice shall also be served to rest of the respondents, at the expenses of the petitioners, returnable by or before next date of hearing.