USHA ALOOYS MAZDOOR SANGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been preferred for challenging the direction issued by the Labour Commissioner -cum -Registrar, Trade Union, Jharkhand, Ranchi dated 19th February, 2011, which is annexed at Annexure -18 to the memo of the present petition, whereby, the registration of the petitioner -Trade Union has been held as valid one, but, the direction has been given to hold election within forty days at the petitioner -Trade Union. Learned Counsel for the petitioner submitted that it is already informed to the respondent authorities that the petitioner -Trade Union has held election in March 2009 and it will remain in force upto March 2012. Despite this fact, a direction has been given by the impugned order to hold the election and, therefore, the said order is dehors the fact of the case. There is no need to hold any fresh election, whatsoever. There is no allegation about the election of the petitioner -Trade Union. It is submitted by learned Counsel for the petitioner that vide letter dated 1st April, 2009, which is annexed at Annexure 21 to the memo of the supplementary affidavit, filed by the petitioner, in detail, it was informed to the respondent authorities that the election has already been held on 30th March, 2009 for the period 2009 -2012. Despite this fact, direction has been given to hold the election, therefore, the impugned order deserves to be quashed and set aside.

(2.) LEARNED Counsel for the petitioned further submitted that the Labour Commissioner -cum -Registrar, Trade Union, Jharkhand, Ranchi has no power, jurisdiction and authority to give direction to hold the election in pursuance of the judgment delivered by the Hon'ble Patna High Court reported in 1995 (1) PLJR 409 and has relied upon paragraph 22 thereof. Learned Counsel for the petitioner has also relied upon the decision rendered by this Court in W.P (C) No. 947 of 2010 on 30th April, 2010, which is annexed at Annexure 20 to the memo of the supplementary affidavit, filed by the petitioner and on the basis of these two judgments, it is submitted that the Labour Commissioner -cum -Registrar, Trade Union, Jharkhand, Ranchi cannot give direction to hold fresh election and, therefore also, the impugned order deserves to be quashed and set aside.

(3.) HAVING heard learned Counsel for both the sides and looking to the facts and circumstances of the case, I hereby quash and set aside the order passed by the Labour Commissioner -cum -Registrar, Trade Union, Jharkhand, Ranchi dated 19th February, 2011, which is annexed at Annexure 18 to the memo of the petition, to the extent to which, direction for holding election at the petitioner -Trade Union has been given, for the following facts and reasons: (i) The petitioner -Trade Union is a registered Trade Union having its registration No. 1830 under the Trade Unions Act. The petitioner is a recognized Trade Union of the Usha Martin Industries jointly with Usha Mazdoor Sangh. Though, the petitioner was initially registered Trade Union, an order of de -registration was passed. The said order was challenged by way of W.P (C) No. 3196 of 2008 and this Court had passed following order on 4th May, 2009: "From the dispute as raised in this writ application, it appears that while the petitioner's claim is that in pursuance of the earlier order passed in the previous writ application, the representative of the petitioner had regularly appeared before the respondent Joint Commissioner and had submitted all requisite documents in support of their defence, but by the impugned order, the Joint Commissioner had passed an adverse order against the petitioner, on the ground that no representative of the petitioner had ever appeared on the several dates fixed in spite of repeated notices. 2. It appears that the statements and counter statements are apparently oath against oath and it is not possible to resolve such dispute here. 3. Considering the above controversy, the respondent Joint Commissioner shall conduct a fresh hearing in order to resolve the dispute involved in the petitioner's case, by fixing 20th May, 2009 as the date for hearing. On that date, the petitioner and other necessary parties concerned with the dispute, shall appear before the Joint Commissioner and submit their respective cases so as to enable the Joint Commissioner to decide the issues in the dispute and conclude the proceeding within a period of one month from the date of commencement. Till such time, the operation of the impugned order dated 26.3.2008 (Annexure -28) shall remain in abeyance. 4. Let this case along with W.P (L) No. 3272 of 2008 be posted in the 2nd week of 3rd month from today under the same heading. Let a copy of this order be given to the Counsel for the respondent State."