RAM CHANDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these cases have been transferred from Patna High Court in terms of the provisions of Bihar Reorganisation Act, 2000. Common question having been raised and common order contained in letter dated June 10, 2000, having been challenged, they have been heard together and are being disposed of by this common judgment and order.

(2.) As the matter can be disposed of on a short point, it is not necessary to discuss all the facts, claim and counter-claim of the parties, except the relevant one, as mentioned hereunder. In the Bokaro Steel Plant, Bokaro, there is a registered Trade Union, known as Bokaro Steel Workers Union' (Union for short). It has its own constitution and bylaws. The election of Office Bearers is held as per the by-laws, with a life of elected Office Bearers for about two years and three months. There appears to be some internal rivalry cropped up since 1989-90, while one or other group claimed to be the validly elected Office Bearers of the Union.

(3.) The election of Office Bearers of Union held on August 5, 1987, electing late Bindeshwari Dubey as its President, Late P.N. Tripathy as Working President and H.C.L. Srivastava (Petitioner No. 1 of C.W.J.C. No. 10020 of 2000) as its Joint General Secretary. The Union, rivalry/dispute started in 1989-90, 'before the death of Bindeshwari Dubey. According to petitioner Ram Chandra Singh and another of C.W.J.C. No. 8351 of 2000, H.C.L.Srivastava formed a separate group and proclaimed to have got elected on October 24, 1989, as per claim of his group to be victorious. Another rival group under the leadership of one P.N. Tripathy also proclaimed to have got elected in pursuance of election, held on August 24, 1990, whose group claimed to be victorious.