TISCO MAZDOOR UNION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India, petitioner prays for an opportunity of hearing in the writ petition filed by respondent No. 4 herein, on the ground that the writ petitioner did not implead the petitioner herein, who was a necessary party in the writ petition and by suppressing necessary and relevant facts, procured the order under review. Regarding the scope of such petition reliance has been placed on the judgment reported in Shivdeo Singh V/s. State of Punjab, AIR 1963 SC 1909.

(2.) SURESH Narayan Singh (Respondent No. 4 herein) filed the writ petition in question being CWJC NO. 1065 of 2000 (R) for a direction to the Registrar, Trade Unions to hold election of the Union under his supervision on the ground that there are rival factions claiming to be only elected office bearers of the Union.

(3.) LEARNED counsel for the petitioner referring to the materials brought on the record, submitted that by suppressing the necessary and relevant facts; and the intervening events, the writ petitioner procured the order under review. He submitted that an election of Tisco Mazdoor Union was held on 22.9.2002 and this was duly communicated to all concerned. He further submitted that in any event, intra union rivalry, if any, can only be resolved by a civil suit. He relied on a division Bench judgment reported in Bokaro Steel Workers ' Union V/s. State of Bihar. 1995 (1J PLJR 400. He further submitted that the case relied on by the writ petitioner. AIR 1988 SC 2117 has also been explained in the said judgment. Reliance was also placed on the judgment reported in 2001 (3) Jhr CR 183 (Jhr).