Rashtriya Colliery Mazdoor Sangh v. State Of Jharkhand
2006-06-19
SUDHANSU JYOTI MUKHOPADHAYA
body2006
DigiLaw.ai
ORDER S.J. Mukhopadhaya, A.C.J 1. This writ petition has been preferred by the petitioner Rastriya Colliery Mazdoor Sangh (Bhelatand Colliery Branch) against the order, contained in Memo Nos. 274 and 275 both dated 23rd February, 2006, issued by the Labour Com- missioner-cum-Registrar, Trade Union. Jharkhand. Ranchi. whereby and whereunder, Tata Bhelatand Colliery and Tata Sijua Colliery, being the wings of the Sangh, the President, Rastriya Colliery Mazdoor Sangh. Dhanbad, was asked to hold election of the Union under the supervision of Deputy Labour Commissioner (Kri. Shra.). Ranchi, on the ground that the Labour Commissioner-cum-Registrar. Trade Union. Jharkhand, Ranchi, had no jurisdiction to issue such direction for holding election of Trade Union nor he should have asked the Deputy Labour Commissioner to supervise any such election. 2. On 13th June, 2006 counsel for the State informed that by letter No. 452. dated 23rd March, 2006 the Labour Corn-missioner-cum-Registrar, Trade Union. Jharkhand, Ranchi, has already recalled the person/officer, who was asked to supervise the election of the Trade Union. In that view of the matter, this writ petition has become infructuous. 3. This fact has been disputed by the learned Counsel for the petitioner on the ground that some suggestions have been given to hold fresh election by the Labour Commissioner-cum-Registrar, Trade Union. Jharkhand, Ranchi, which is against the law. 4. Mr. R.S. Mazumdar, learned Counsel appearing on behalf of the interveners (old committee members of the Colliery Mazdoor Sangh) submitted that programme has already been published for holding election. 5. Mr. S.N. Das, learned Counsel appearing on behalf of one of the interveners, namely, Central Committee of Rastriya Colliery Mazdoor Sangh. has submitted that the election has already taken place. However, this fact has been disputed by the petitioner. On the other hand, according to the petitioner, though the process of election was started, but that was stayed under the orders of this Court. 6. In the facts and circumstances, as the order, passed by the Labour Commissioner-cum-Registrar, Trade Union, contained in Memo No. 274. dated 23rd February. 2006 has now been made ineffective by letter dated 452, dated 23rd March, 2006, no further decision is required to be given in this case, so far election of the members of Association is concerned.
6. In the facts and circumstances, as the order, passed by the Labour Commissioner-cum-Registrar, Trade Union, contained in Memo No. 274. dated 23rd February. 2006 has now been made ineffective by letter dated 452, dated 23rd March, 2006, no further decision is required to be given in this case, so far election of the members of Association is concerned. It is for the Rastriya Colliery Mazdoor Sangh to determine as to when and, how the election of the members of the Sangh has to be conducted in accordance with the law/bye-laws of the Association. If there is any inter-rivalry between the parties, they may get an appropriate declaration before a civil Court of competent jurisdiction. 7. The writ petition stands disposed of with the aforesaid liberty to the parties.