FATEH SINGH SOLANKI Vs. RASTRIYA MILL MAZDOOR SANGH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated January 25, 1992 passed by the Munsif and Judicial Magistrate, first class, Gulabpura, by which the learned Munsif dismissed the application filed by the plaintiff and held that the Civil Court has the jurisdiction to try the present case.

(2.) PLAINTIFF Rastriya Mill Mazdoorsangh and its office-bearers filed a suit for declaration and mandatory injunction against the defendant Fateh Singh, Narain Singh, Anand Singh and Moneen Khan in the Court of the Munsif and Judicial Magistrate, Gulabpura. It was averred in the plaint that the plaintiff union is a recognised union under the Trade Unions Act, 1926 (for short, 'the Act') and the Plaintiffs Nos. 2 to 9 are its elected office-bearers and are entitled to collect the subscription from the workmen, but the defendants, illegally and arbitrarily are collecting the subscription in the name of the plaintiff Rastriya Mill Mazdoor Sangh by getting the false receipt books printed though the defendants have no relation whatsoever with the plaintiff Rastriya Mill Mazdoor Sangh nor are they the office-bearers of the same. They are not even the workmen working in the Rajasthan Spinning and Weaving Mills, but still they got the letterhead of the union printed and are using the same. They are illegally appearing on behalf of the workmen for which they are not entitled and are representing the union before the various Labour Courts and the departments including the Labour Tribunal, the Deputy Labour Commissioner and the Labour Courts etc. and are also, holding gate meetings at the main gate of the Mill and are working adversely to the interest of the union. It was, therefore, prayed that a mandatory injunction may be issued restraining the defendants from using the name of the plaintiff union, collecting the subscription and to make correspondence on behalf of the plaintiff union and to appear on behalf of the workmen or the union before any Court or the department including the Labour Tribunal, the Deputy Labour Commissioner etc. It was, also, prayed that the defendants may be further restrained to take any gate meeting at the main gate of the Rajasthan Spinning and Weaving Mills.

(3.) THIS suit was contested by the defendants. During the pendency of the suit, an application was moved by the defendant-petitioner on July 13, 1992, challenging the jurisdiction of the Civil Court to try the suit. This application was opposed by the plaintiff and the learned Munsif, by its order dated January 25, 1992, dismissed the application filed by the defendant and held that no industrial dispute has been raised in the plaint and, therefore, the suit is triable by the Civil Court. It is against this order that the present revision petition has been filed by the petitioner-defendant.