TATA WORKERS UNION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner Tata Workers Union, a Registered Trade Union has moved this Court by filing instant Writ application against the order dated August 13, 2001 passed by respondent No. 2. Labour Commissioner-cum-Registrar, Trade Unions, Department of Labour. Employment and Training, Jharkhand at Ranchi, whereby he has taken decision to supervise Union election of the petitioner.

(2.) Petitioner Tata Workers Union has its own registered Constitution and election Rules framed as early as in 1920. The Constitution provides for the composition of the Executive Committee and the members of the said Committee shall be elected by the general body members as per election procedure as drawn by the Executive Committee. The last election of the Executive Committee and the office bearer was held in 1996-97 and the present Executive Committee was formed along with the office bearer. It appears that meeting of the Executive Committee of the Union was held on April 19,2001. The Committee resolved to hold election of the new office bearers and the Executive Committee.

(3.) The dispute arose when Shri P.K.Balmuchu, MLA and member of the present Executive Committee, who is intervenor stated that the election will be held under the supervision of the Registrar, Trade Unions. Accordingly, the election process was started and the Returning Officer and the members of the Election Sub- Committee were appointed and the Registrar, Trade Unions was informed about the circulation of the notices. However, respondent No. 2, Registrar, Trade Unions after going through the complaints and the documents produced by the petitioner advised the aggrieved persons to settle the grievance, if any, within the union itself. Consequent upon the said letter dated June 15, 2001 passed by the Registrar, notices were issued by the Returning Officer to submit grievance/ suggestions, if any. The Registrar held meeting and confirmed the action of the Union and election programme was circulated. Thereafter, the above named Shri P.K.Balmuchu, the intervenor filed the writ petition before this Court being W.P.(C) No. 3526 of 2001 seeking a direction from this Court upon the Registrar to supervise election of the petitioner. The said Writ Application was disposed of on August 6, 2001 by this Court holding that there is nothing on the record to suggest any malpractice at the stage of election and no allegation was made against any individual member of the Trade Union. This Court therefore refused to grant any relief but made observation that if the petitioner was apprehensive of any malpractice or irregularities he may bring the same to the notice of the Registrar, Trade Unions who may determine the question of necessity to supervise the election, if otherwise permissible in law. Again some disputes arose between the members of the Union which resulted in an order dated August 8, 2001 passed by the Registrar who stayed election. This time petitioner came to this Court by filing W.P.(L) No. 3790/2001. This Court disposed of the Writ application holding that the competent authority is given liberty to hold election in accordance with law without any interference from the side of the Government authority. The said order was passed on December 5, 2001 but during the pendency of the aforesaid Writ application the Registrar, Trade Unions passed another order on August 13, 2001, whereby petitioner was directed to come with all the records relating to the election. This order is impugned in this Writ application at the instance of the petitioner.