Research › Search › Judgment

Jharkhand High Court · body

2008 DIGILAW 936 (JHR)

H. v. Axles Karamchari Union VS State of Jharkhand

2008-08-13

R.R.PRASAD

body2008
Order It is the case of the petitioner that the petitioner, namely, H.V. Axles Karamchari Union is a registered Trade Union having its Registration No. 3858 for the Establishment M/s H.V. Axles limited, Jamshedpur. The election of the said Union was held on 10.6.2005 in which Yugal Kishore. Yadav was elected as General Secretary and the list of the office bearers was sent to Registrar of Trade Union for registering the same in Form-B register. However, another faction of said Trade Union led by Sri Gopeshwar Group was also held and then list of the office bearers was sent to Registrar of Trade Union for enlisting the same in Form-B register but the Registrar of Trade Union did find that the election. conducted by both the factions of Union were not in accordance with the provisions of the Trade Union Act and hence the Registrar refused to register the name of office bearers of either faction in Form-B register. Under that situation, the General body of the Union took a decision to hold a fresh election and accordingly, the election of the Executive Committee of the said Trade Union was held on 29.12.2005 in which 90% of the total workers of H.V. Axles Limited participated and subsequently, the election of the office bearers was held on 1.1.2006 in which Yugal Kishore Yadav was again elected as General Secretary of the Union and, therefore, the list of the office bearers was sent on 2.1.2006 for its registration in Form-B register and there upon the Registrar, Trade Union on holding inquiry in terms of the provisions of Section 28 of the Trade Union Act duly registered the name of the office bearers in Form-B register, information of which was given to concerned persons by respondent no. 2 under his letter bearing Memo No. 136 dated 6.2.2006 (Annexure-3). 2 under his letter bearing Memo No. 136 dated 6.2.2006 (Annexure-3). On the other hand, a parallel election was also held by another faction and there upon the list of the office bearers was sent before the Registrar for its registration under Form-B register but the Registrar refused to register the name of the office bearers in Form-B register and thereupon one Mahabhasam Narsingha Rao filed a writ application being W.P.(L) No. 1766 of 2006 before this Court challenging the order as contained in Letter No. 136 dated 6.2.2006 whereby the list of the office bearers of the Union led by Yugal Kishore Yadav was registered in Form-B register, but this Court dismissed the writ application holding therein that this Court cannot decide the question as to which persons are validly elected office bearers of the Trade Union. 2. However, being aggrieved with that order, said Mahabhasam Narsingha Rao preferred L.P.A. No. 449 of 2006 which also got dismissed, holding that the remedy is available to the party before the Civil Court of competent jurisdiction. 3. Further case is that all on a sudden, the Registrar issued an order bearing No. 943 dated 11.6.2007 (Annexure-6) whereby earlier order, as contained in Letter No. 136 dated 6.2.2006, was recalled and at the same time, the list of the office bearers of another faction led by Gopeshwar Group was entered into Form-B register. 4. Being aggrieved with that order, the petitioner has preferred this writ application. 5. However, the case of the respondents, as has been disclosed in the counter affidavit is that after the first election of the faction led by Gopeshwar Group was held to be not in accordance with the provisions of the Trade Union Act, Bye laws of the Union was amended and the information was given to the competent Authority and thereafter the election of the office bearers of the Union of Gopeshwar Group faction held for the year 2006-08 and the list of the office bearers sent by Gopeshwar Group faction for its registration in Form-B register was received in the office of the Registrar on 31.1.2006. Subsequently, Yugal Kishore Yadav submitted list of the office bearers elected in election held on 29.12.2005 and 1.1.2006 under his letter dated 2.1.2006 for its registration in Form-B, which letter was placed before the Acting Labour Commissioner-cum-Registrar, Trade Union on 6.2.2006 which would be evident from the endorsement made by him over the letter but surprisingly, he prepared a draft letter of approval of the office bearers of the faction of Yugal Kishore Yadav on 4.2.2006 and finally issued letter under Memo No. 136 dated 6.2.2006 (Annexure-3) communicating to the petitioner about the registration of the office bearers ignoring the letter of Gopeshwar Group faction which had been received in the office on 31.1.2006 itself under which prayer had been made for registration of the office bearers of the Union led by Gopeshwar Group. 6. Being aggrieved with that, Mahabhasam Narsingha Rao, General Secretary of the Union led by Gopeshwar Group filed a representation for reviewing the order dated 6.2.2006 as contained in Annexure-3, though said Mahabhasam Narsingha Rao had lost his case filed before this Court vide W.P. (L) No. 1766 of 2006, but as this Court in a writ application bearing W.P.(L) No. 2101 of 2006 filed by said Mahabhasam Narsingha Rao, had directed the Registrar, Trade Union to dispose of the application submitted by Gopeshwar Group regarding entering the name of the office bearers in Form-B register, the respondent no. 2, Registrar of Trade Union keeping in mind the procedural illegality being committed earlier passed, a fresh order as contained in Memo No. 943 dated 11.6.2007 (Annexure-6) whereby no illegality whatsoever has been committed and therefore it is contended that this application is fit to be dismissed. 7. Learned counsel appearing for the petitioner submits that admittedly the list of office bearers of Union led by Yugal Kishore Yadav had been registered in Form-B register which was recalled/reviewed vide order dated 11.6.2007 though he does not have any such power to recall or review his earlier order and that too without giving any opportunity to the petitioner of being heard when under the earlier order dated 6.2.2006 (Annexure-3) a valuable right had accrued and as such the impugned order is fit to be set aside. 8. 8. Learned counsel further submits that when the list of the office bearers of the Union led by Yugal Kishore Yadav was registered, Mahabhasam Narsingha Rao, said to be the General Secretary of Trade Union led by Gopeshwar Group, preferred a writ application but that got dismissed and against that order when L.P.A. was preferred, that also got dismissed by holding that the remedy is available to the party before the Civil Court of competent jurisdiction and inspite of that, respondent no. 2 has dared to review its earlier order dated 6.2.2006 and as such under both these counts, the impugned order is fit to be set aside. 9. However, learned counsel appearing for the respondents submits that from the statement made in the counter affidavit, it would appear that earlier to the date when the list of the office bearers was submitted by the faction of Yugal Kishore Yadav for its registration in Form B register list of the office bearers of Gopeshwar Group faction had already been received in the office of the Registrar of Trade Union on 31.1.2006 but without taking notice and without passing any order on that, the list of office bearers sent by Yugal Kishore Yadav was registered vide order dated 6.2.2006, as contained in Annexure-3, and when the matter was brought to the notice of respondent no. 2, he on being convinced that earlier order dated 6.2.2006 (Annexure-3) is an outcome of procedural irregularity passed the order vide order dated 11.6.2007 (Annexure-6) keeping in view the order passed by this Court in W.P.(L) No. 2101 of 2006 and hence the Registrar who has got all powers to take a decision as to which list of two factions is correct, cannot be said to have committed any illegality in passing the impugned order and the fact that the Registrar is vested with such power gets reflected from a judicial pronouncement in the case of North Eastern Railway Employees Union and Others vs. 3rd Additional District Judge, Farukhabad and Others reported in AIR 1988 SC 2117 and also in the case of B.C. Sharma and Another vs. M.L. Bhatia and Others reported in 2006(4) JLJR 189 (SC) and, therefore, this writ application does not have any merit and is fit to be set aside. 10. Mr. A.K. Mehta, learned counsel appearing for the respondent no. 10. Mr. A.K. Mehta, learned counsel appearing for the respondent no. 3 by adopting submission advanced on behalf of the State submits that on account of any procedural irregularity if any order is passed, it is always amenable to its review/rectification, as that power is vested inherently with the authorities and the same is the case here as respondent no. 2 by ignoring the list of office bearers submitted by Gopeshwar Group faction of Union passed the order as contained in Annexure-3 and, therefore, respondent No. 2 on being appraised of the procedural Irregularity rectified its order under Annexure-6 and hence he cannot be said to have committed any illegality. 11. Having heard learned counsel appearing for the parties, it does appear that after the election of the Union of the faction of Yugal Kishore Yadav, the list of the office bearers was submitted for registration in. Form-B register, which admittedly was registered, information of which was given under Memo No. 136 dated 6.2.2006 (Annexure-3). 12. Being aggrieved with such registration, General Secretary of other faction of the Union led by Gopeshwar Group filed a writ application before this Court bearing W.P.(L) No. 2101 of 2006 but that got dismissed. On its dismissal when L.P.A. was preferred, the same also got dismissed with an observation that remedy is available to the party before the Civil Court of competent jurisdiction. Subsequently, the .other faction of the Union led by Gopeshwar Group again took the matter before the Registrar, Trade Union raising grievance against the registration of the office bearers of the faction led by Yugal Kishore Yadav on the plea that the order under Annexure-3 has been passed ignoring the claim of registration of the office bearers of the Union led by Gopeshwar Group, as they had submitted the list of the office bearers for its registration before the list of the office bearers of the Union led by Yugal Kishore Yadav had been submitted. Thereupon, it appears from Annexure-6, that the parties were noticed by the then Incharge, Registrar and he even heard the parties on the matter but the order could not be passed. Subsequently, the respondent no. Thereupon, it appears from Annexure-6, that the parties were noticed by the then Incharge, Registrar and he even heard the parties on the matter but the order could not be passed. Subsequently, the respondent no. 2, who succeeded Incharge, Labour Commissioner-cum-Registrar of Trade Union, passed the impugned order, as contained in Annexure-6, whereby order passed under Annexure-3 registering the list of office bearers of the faction of the Union led by Yugal Kishore Yadav had been registered in Form-B register was cancelled and the list of the office bearers submitted by another faction of the Union led by Gopeshwar Group was registered in Form-B register this order was passed without hearing the other faction led by Yugal Kishore Yadav which is against the principle of natural .justice and as such the impugned order, as contained in Annexure-6, is fit to be set aside. 13. Accordingly, the order passed by respondent no. 2 under his Memo No. 943 dated 11.6.2007 (Annexure-6) is set aside. 14. The matter is remitted back to respondent no. 2- Labour Commissioner-cum-Registrar of Trade Union Jharkhand Ranchi for deciding the issue afresh within one month from the date of reciept/production of a copy of this order after giving opportunity to both the parties of hearing. 15. In the result, this application is allowed.