Judgment R.N. Sahay, J. The petitioner is a registered trade union affiliated to INTUC this application relates to dispute between two groups of the Union which culminated in passing of the order impugned dated 14.2.1994 contained in Annexure 1 by the Registrar of trade Union. 2. The only legal question that arises for consideration is as to whether the direction of the Registrar trade union (Annexure 1) is without jurisdiction or he was competent to issue such direction in exercise of his powers under the Trade Union Act. 3. The petitioners case is that the Union is recognised Union of Indo Asahi Glass Company Ltd. Since last 20 years. The president of the Union was Shri Damodar Pandey. The Union has its own constitution and according to Clause 15 of the constitution the general meeting of the Union is to be held in the month of June every year to elect office bearers and other member of the executive Committee. 4. The President of the Union decided that election for 1993-94 of the Union will be held on 6.6.1993. The Management clotted Community Hall for the purpose. The election was held was per the schedule. On 7.6.63, the president of the union in his capacity as General Secretary of INTUC informed the Vice President (Works) of the Indo Asahi Glass Co. that in the election held the person mentioned in his letter (Annexure -3) have been elected as office by the Management. It is the petitioners case that after the election the Management the elected office bearers of the Union held discussion on various demands of the workmen and also complained to the Management on 26.7.1993 about the violation of the various labour lows by the Management. Copy of the demand was also sent to the deputy labor Commissioner Hazaribagh. 5. On 30.7.93 the Deputy Labour Commissioner Haaribagh wrote to the Vice President works of the Company drawing his attention with regard to the complaint made by the Union General Secretary Sri Sudhir Kumar Varma. The Management was asked to reply with regard to the complaint. The problem was discussed on several dates with no results. 6. It appears that on 20.6.93 the officer incharge of Bhadai Nagar Police Station filed two reports before the sub-divisional Officer Ramgarh for initiation of proceedings under section 107 and 144 of the Code of Criminal Procedure against Shri Uma Bachan Tiwary (respondent no. The problem was discussed on several dates with no results. 6. It appears that on 20.6.93 the officer incharge of Bhadai Nagar Police Station filed two reports before the sub-divisional Officer Ramgarh for initiation of proceedings under section 107 and 144 of the Code of Criminal Procedure against Shri Uma Bachan Tiwary (respondent no. 7) who was claiming himself to be the General Secretary of the Union and 14 other. It was stated in the report that the Union was actively working under shri Damodar Pandey. Ex M.P. on 4.6.93 sri Chandra Shekhar Dubey affirmed a rival Union under his President-ship. The police reported that office bearers were elected on 6.6.93 in which Sudhir Kumar Verma was elected as General Secretary. The other Group lead by Sri Dubey declared Dubey to be the President and respondents no. 7 Uma Bachan Tiwary as General Secretary. The report was completely in favour of the petitionrs Union and that is way the police recommended for action only against the separate group formed by respondents 6 & 7. The officer incharde of Bhadai Nagar Police Station considering the gravity of the situation recommended promulgation of prohibitory orders under section 144 Cr. P.C. against both the parties. The Petitioner has alleged that function led by respondent no. 7 aimed as disturbing industrial peace and harmony. They even tried to result the executive of the Management but due to the intervention of the security the attempt was foiled. 7. According to the counter affidavit filed by respondent no. 7 a meeting of the Executive Committee was held on 8.4.93 pursuant to direction of Sri Damodar Pandey dated 7.2.93 calling upon Sri Santosh Kumar Secretary to held fresh election. It was decided to held the election on 4.6.93 another meeting of the Executive Committee of the Union was held wherein the name of 6th respondent Chandrs Shekar Dubey was proposed for the post of president by the member of the Executive Committee. Thereafter on 4.6.93 a general body meeting was held for electing all the members as well as office bearers of the Union. In the said meeting about 700 members had participated and they elected Sri Candera Shekhar Dubey as president and the 7th respondent as General Secretary of the Union. The general body of meeting authorized Sri Dubey and Sri Tiwari respondents no. In the said meeting about 700 members had participated and they elected Sri Candera Shekhar Dubey as president and the 7th respondent as General Secretary of the Union. The general body of meeting authorized Sri Dubey and Sri Tiwari respondents no. 7 to elect members of the executive committee as well as other office bearers of the Union. The proceeding of meeting held on 4.6.93 has been annexed as Annexure R-7/C-1. According to respondent no. 7 the then president of the INTUC Bihar P.N. Tripathy to which Indo Asahi Glass Mazdoor Sangh is affiliated wrote to the Registrar Tread Union Bihar informing him about the aforesaid election and giving details of the office bearers of the Union. He also informed that the new office bearers will stated work with immediate effect and they will be treated as valid officer bearers of Indo Asahi Glass Mazdoor Sangh. It was further stated in the said letter that all the previous letters written by any body should be treated as union and void after 4.6.93 i.e. the date on which election was announced. This latter has been annexed as annexure R/7-D to the counter affidavit. 8. The Labour Commissioner-cum-Registrar of Trade Union Bihar vide his latter dated 30th August 1993 wrote to General Secretary I.N.T.C. New Delhi informing him that intra-Union rivalry had cropped up in the Indo Asahi Glass Mazdoor Sangh and it had separated into two factions. One of the factions held its election 4.6.93 while the other had held election on 6.6.93. The Registrar there for requested to get the matter verified and enquired into and to inform as to which set of office bearers will be treated as validly elected. The letter of the Registrar has been annexed as R7/E to the counter affidavit. 9. The General Secretary of the I.N.T.U.C. on receipt of the aforesaid letter wrote to the General Secretary of the Bihar I.N.T.U.C. to enquire and report in the matter. The General Secretary of the Bihar I.N.T.U.C. vide latter dated 4th October 1993 (Annexure R-7/G) requested the Secretary INTUC Delhi to enquire into the matter Sri Badri Singh Secretary Bihar INTUC conducted a detailed enquiry and submitted a report to the General Secretary INTUC on 18.10.1993 (Annexure R-7/H). According to his report the election held on 4.6.1993 was as per the constitution of the Union. 10. According to his report the election held on 4.6.1993 was as per the constitution of the Union. 10. It was submitted on behalf of respondents 6 and 7 the Badri Singh had personally contacted most of the members of the Union in the Union office during enquiry and all of had confirmed about the elections held on 4.6.93 and had stated that the same was in the interest of the organization and the workers. As regards election of the Mazdoor Sangh held on 6.6.93 the reply was in the negative. It was submitted that from the aforsaid report of Sri Badri Singh it was clear that no election was held by Sri Damodar Pandey and the election was held by Sri Santosh Rm General Secretary at the instance of Sri Damodar Pandey and in this election Sri Chandra Shekhar Dubey was elected as President and Sri Tiwary was elected as General Secretary. The General Secretary INTUC Bihar informed the General Secretary INTUC New Delhi that the election continued by Santosh Ram was proper and there was no irregularity at all and hence election of Sri Chandra Shekhar Dubey and Tiwary was valid. Thereafter the working body of Bihar INTUC held meeting on 5.11.93 at Dhanbed and it was resolved that the election conducted by Sri Santhosh Ram was proper and election of Sri Chandra Shekhar Dubey as president and Sri Tiwary as General Secretary was valid. The General Secretary INTUC by letter dated 2nd February 1994 informed the Registrar Tread Union Bihar (Annexure R-7/K) that the office bearers mentioned in the said letter are the real representatives of the Union. In the light of the aforesaid enquiry report and other correspondence the Registrar Tread Union Bihar informed the Management of Indo Asahi Glass Mazdoor Sangh. 11. It was contended on behalf of respondent nos. 6 & 7 that actually the Registrar had not decided the intra Union dispute. The old office bearers after Sri Dubey was elected as president. It was submitted that since election of new set up of officer bearers has been found to be valid by the Registrar they are new authorised to held discussion with the Management. 12. 6 & 7 that actually the Registrar had not decided the intra Union dispute. The old office bearers after Sri Dubey was elected as president. It was submitted that since election of new set up of officer bearers has been found to be valid by the Registrar they are new authorised to held discussion with the Management. 12. Sri P.S. Dayal council for the new office bearers strongly submitted that the petitioner is not entitled to a writ as preyed since cannot be submitted that the Registrar of the Tread Union has no power under the Tread Union Act to decide about the validity of election of office bearers of the Union Right to held enquiry exists only in the case of dispute between rival Union and the Registrar bound come to a decision in order to make necessary in the Registrar as contemplated by section 28(2) of the Tread Union Act. 13. The petitioners have replied to the counter affidavit filed by respondent no. 7 in which many new facts have been introduced. It has been stated in paragraph 10 of the reply that Sri Santosh Ram General Secretary was directed by the president on 7.2.93 to held fresh election in view of the fact that the members approached him for the same the direction of the president was not obeyed by Sri Santosh Ram. On receiving various complaints from the member of the Union he himself decided to call for a general meeting of the Union to complete the process of election. He issued an office order on 1.4.93 that in view of the pending of election the Executive Committee shall same in suspended as they have collectively agreed not to go in for any election and no notice was issued to that effect. After the Executive Committee was suspended the president informed the member of the Union calling an Annual General meeting on 6.6.93 to elect of office bearers and executive committee members. The election was scheduled to be held at 5:30 pm and it commenced at 6 pm in the Community Hall Sri Pandey was reelected as President and Sri Snthosh Ram as General Secretary and other office bearers and contained in Annexure 3. The notice of the proceedings was giving to the appropriate authorities including the Management. The Management recognized the petitioners Union represented by Sri Damodar Pandey as validity elected office bearers. 14. The notice of the proceedings was giving to the appropriate authorities including the Management. The Management recognized the petitioners Union represented by Sri Damodar Pandey as validity elected office bearers. 14. The petitioner has challenged the election held by the rival group as unconstitutional. According of petitioners Central Executive Committee was suspended by the President and as such they had no authority to held the election. Consequently the decision for holding selection on 4.3.93 was ultravires illegal and void Sri Dubey was selected as President of the Union at the instance of Sri Tiwary. The documents filed in the counter affidavit are alleged to be concocted and manufactured document. It was submitted that the Central organization has no power to decide as to who was the validity elected office bearers and the section of the Registrar in accepting the report of the General Secretary INTUC New Delhi has vitiated his decision. It has been submitted that the Registrar has acted on part evidence without giving notice of rearing to the petitioner Union. 15. The Management has also disputed the fact stated in the counter affidavit. The Management has supported the case of the petitioner. It has alleged that Sri Dubey was a nominated as president by the Executive Committee and not elected by the general body. It was also pointed out that the Registrar of the Tread Union without any request from any body wrote letter to the Central INTUC. It was further pointed out that the Deputy Labour Commissioner had recognized Sri Sudhir Kumar Verma as General Secretary and written letter to the Management and as such the Management recognized the election held on 6.6.93. 16. In Kishori Mahto Vs. The State of Bihar (C.W.J.C. 2072/74) the order of the Deputy Registrar Tread Union directing fresh election to be hold because of dispute having arisen between two groups of office bearers of the Union was held illegal. The learned Judges relying on N.E. Rly Mazdoor Union Vs. Registrar Tread Union (1969 (2) L.I.C. 214) held that the Registrar had no power to order election. Beg J. as His Lordship then was held that on reading section 8 with section 28 of the Act it appear that Registrar exercises only administrative function. He can no doubt undertake reasonable enquiry to discover whether alteration in the record is in conformity with the actual facts and rules. Beg J. as His Lordship then was held that on reading section 8 with section 28 of the Act it appear that Registrar exercises only administrative function. He can no doubt undertake reasonable enquiry to discover whether alteration in the record is in conformity with the actual facts and rules. He can hold only summary enquiry. 17. In 1968-69 (74) FLJ 89it was held that duty for maintaining record was cast Upon the Registrar. It therefore follows that he has got the necessary power to ascertain for his own purpose which set to office bearers has been validity elected to represent the Union. These power are ancillary to the main power given to the Registrar under the Act. But it was held that communication of his decision that new set of office bearers is true representative of the Union is outside the purview of the act. 18. In 1976 92) Lab L.J. 435 (Madras) dispute arose as to who were validity and legally elected set of office bearers. It was held by Madras High Court that in such a situation the Registrar can enter into a limited enquiry to make necessary correction in the Registrar but not being a election court or Tribunal his enquiry is not binding on parties who can light out there case in court. 19. In Mukundkam Tanti Vs. Registrar Tread Union report in AIR 1962 Patna 338 Ramaswamy, C.J. and Choudhury, J. held that registrar for the purpose of the Act has to maintain an uptodate Register sowing the names of the office bearers existing at the relevant time. Without maintaining such Register with names of new office bearers substituted for the old one the Registrar can not be expected to say whether the provision of the Act have been legally complied with. In substituting the name of new office bearers the Registrar is therefore to find. If those office bearers were legally elected because if the election is not legal there may be doubt where could prosecuted for failure to submit returns. It was further held that on being informed about the election of new office bearers the Registrar is to ascertain whether they were legally elected so as to be recorded in the Register maintained for the purpose and to be bound for compliance of the provisions of the Act. It was further held that on being informed about the election of new office bearers the Registrar is to ascertain whether they were legally elected so as to be recorded in the Register maintained for the purpose and to be bound for compliance of the provisions of the Act. In other words the registrar has full jurisdiction to enquiry about the legality of the new election of the purpose of maintaining a proper Register with the name of the office bearers who may be at the relevant time required to comply with the provisions of the Act or to be dealt with on accordance therewith. The decision of the Registrar that election in a particular case was not legal and that old office bearers shall continue was held to be in accordance with low. 20. The decisions referred to above no doubt recognizes the authority of the Registrar Tread Union under take reasonable enquiry to discover whether alteration in the Register he is to record is in conformity with actual fact. This power is vested under section 28 of the Tread Union Act. But hear the approach adopted by the Registrar in ascertaining the true state of affairs with regard to the election of the office bearers of Indo Asahi Glass Mazdoor Sangh is clearly objectionable. He has allowed himself to be influenced by outside authorities and the enquiry was validity experte and one sided. No opportunity was giving to the petitioner and the Management to place their cases. 21. The decision of the Registrar was totally dependant on the report of the report of the Joint Secretary INTUC. The Registrar ought not to have acted on exparte evidence and without notice to the petitioner and the Management. The impugned order of the Registrar is there for clearly illegal and without jurisdiction and therefore must be quashed. The application is accordingly allowed. The Registrar is directed to make fresh enquiry in the matter if he so desires after notice to the matter in accordance with the decisions referred to in judgment. There shall be no order as to costs. Application allowed.