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2023 DIGILAW 225 (KAR)

Toyota Kirloskar Motor Employees Union (R) v. State of Karnataka

2023-02-06

ASHOK S.KINAGI, PRASANNA B.VARALE

body2023
JUDGMENT : Ashok S. Kinagi, J. 1. This intra-court appeal is filed under Section 4 of the Karnataka High Courts Act challenging the order dated 16.12.2022, passed in W.P. No. 5127/2022 by the learned Single Judge. 2. Brief facts leading rise to filing of this appeal are as under: The appellant - Union was registered under the Trade Unions Act, 1926 (for short 'the Act'). The appellant - Union held the General Body Meeting of its members and took the unanimous decision to amend the Rules of the Union to increase the subscription amount from Rs.25/- to Rs.100/- per month and to permit the employees against whom the applications for permission or approval of dismissal filed by the management were still pending to continue as a members of the Union. On 24.03.2020, the Government of India declared nation-wide lockdown. On 02.11.2022, after lifting of lockdown and the government restrictions of physical meetings in the Government Offices, the appellant approached respondent No. 2 with physical copies of the amendment application sought to be filed by them. However, they have informed that the office is only accepting the amendment applications on the online website of respondent No. 1. The appellant - Union was unable to upload the application online due to various technical errors. Finally, in the office of respondent No. 1 took necessary steps and the name and details of the Union were updated on the website. A number of members of the appellant - Union failed to make subscription payments to the appellant. According to the rules of the union, lost their membership. The Union gave multiple opportunities to such workers to renew their membership. The appellant - Union was able to upload the details on the website of the labouronline.kar.nic.in. The office bearers of the appellant - Union physically submitted notarized hard copies of general body resolution in the office of respondent No. 1. Respondent No. 3 issued a Certification of Registration (Amendment) to the appellant along with amendment Rules. The said registered amendment had came into effect on 25.08.2021. The appellant issued a circular granting one last opportunity to the membership from 15.11.2021 to 30.11.2021. Respondent Nos.3 and 4 filed a submissions to respondent No. 2 for cancellation of registration of the amended Rules. The said registered amendment had came into effect on 25.08.2021. The appellant issued a circular granting one last opportunity to the membership from 15.11.2021 to 30.11.2021. Respondent Nos.3 and 4 filed a submissions to respondent No. 2 for cancellation of registration of the amended Rules. The appellant - Union received a notice dated 20.12.2021 from respondent No. 2 calling upon for why the Certificate of Registration (Amendment) dated 25.08.2021 should not be cancelled. The appellant - Union submitted a detailed objections. Respondent No. 2 issued a notice withdrawing the amendments to the Rules to the Union and cancelling the Certificate of Registration (Amendment) dated 25.08.2021. The appellant - Union aggrieved by the cancelling the Certificate of Registration (Amendment) dated 25.08.2021 filed a writ petition in W.P. No. 5127/2022. The learned Single Judge after hearing the parties, rejected the application. Hence, the appellant - Union aggrieved by the order passed by the learned Single Judge, has filed this appeal. 3. Heard the learned counsel for the appellant - Union, learned AGA for respondent Nos.1 and 2 and Sri S.N. Murthy, learned Senior counsel appearing for Sri Somashekar, learned counsel for respondent No. 5. 4. Learned counsel for the appellant - Union submits that the learned Single Judge has committed an error in passing the impugned order. She further submits that the cancellation of the amendment was patently unjust and illegal. The learned Single Judge has committed an error in dismissing the writ petition solely on the ground that the President of the Union has no locus standi to file the writ petition as on the date of filing the writ petition. She submits that the President was representing for the appellant - Union as on the date of the filing the writ petition. The said aspect was not considered by the court below. Hence, on these grounds, the impugned order passed by the learned Singe Judge is arbitrary and erroneous. Hence, on these grounds, she prayed to allow the writ appeal. 5. Perused the records and considered the submissions of the learned counsel for the appellant-Union. 6. In order to consider the case of the appellant - Union, it is necessary to examine section 28 of the Trade Unions Act, 1926, which extracted below: “28. Hence, on these grounds, she prayed to allow the writ appeal. 5. Perused the records and considered the submissions of the learned counsel for the appellant-Union. 6. In order to consider the case of the appellant - Union, it is necessary to examine section 28 of the Trade Unions Act, 1926, which extracted below: “28. Returns: (1) There shall be sent annually to the Registrar, on or before such date as may be prescribed, a general statement, audited in the prescribed manner, of all receipts and expenditure of every registered Trade Union during the year ending of the 31st day of December next preceding such prescribed date, and of the assets and liabilities of the Trade Union existing on 31st day of December. The statement shall be prepared in such form and shall comprise such particulars as any be prescribed. (2) Together with the general statement there shall be sent to the Registrar a statement showing all changes of officer-bearers made by the Trade Union during the year to which the general statement refers, together also with a copy of the rules of the Trade Union corrected up to the date of the despatch thereof to the Registrar. (3) A copy of every alteration made in the rules of a registered Trade Union shall be sent to the Registrar within fifteen days of the making of the alteration. (4) For the purpose of examined the documents referred to in subsections (1), (2) and (3), the Registrar, or any officer authorized by him, by general or special order, may at all reasonable times inspect the certificate of registration, account books, registers and other documents relating to a Trade Union, at its registered Office or may require their production at such place as he may specify, in his behalf, but no such place shall be at a distance of more than ten miles from the registered office of a Trade Union.” 7. The Regulation 11(1) of the Karnataka Trade Union Regulations, 1958, (for short 'the Rules'), reads thus: “11. The Regulation 11(1) of the Karnataka Trade Union Regulations, 1958, (for short 'the Rules'), reads thus: “11. Amendment of Rules: (1) On receiving a copy of the alteration made in the rules of a trade union sent under sub-section (3) of Section 28, the Registrar after satisfying himself that the alteration has been made in the manner laid down by the rules of the Trade Union and is not inconsistent with any of the provisions of the Act, shall register the alteration in the entry relating to the trade union in the register of trade unions prescribed under Regulation 4 and deliver to the Secretary of such trade union a copy of the alteration with a certificate appended thereto the effect that the alteration has been duly registered by him.” As per As per Sub-Section (3) Section 28 of the Act, a copy of every alteration made in the Rules of a registered Trade Union shall be sent to the Registrar within fifteen days of the making of the alteration. Regulation 11(1) of the Rules provides that on receiving a copy of the alteration made in the rules of a trade union sent under sub-section (3) of Section 28, the Registrar after satisfying himself that the alteration has been made in the matter laid down by the rules of the Trade Union and is not inconsistent with any of the provisions of the Act. 8. In the present case, the appellant - Union the General Body meeting held on 08.03.2020. In the said meeting, a resolution came to be passed with two amendments were proposed i.e., to Rule 3 and Rule 4(b) of the Constitution. In the instant case, the controversy is in respect of amendment made to Rule 4(B) of the Constitution of the appellant - Union. As per Sub-Section (3) of section 28 of the Act, the Union ought to have sent Amended Rules to the Registrar within 15 days from the making of an alteration i.e., from 08.03.2020 i.e., ought have sent it on 23.11.2020. The appellant - Union was unable send the resolution of amendment to respondent No. 2 within stipulated period. As per Sub-Section (3) of Section 28 of the Act, the appellant - Union uploaded the details of the resolution on the website of respondent No. 2. The appellant - Union was unable send the resolution of amendment to respondent No. 2 within stipulated period. As per Sub-Section (3) of Section 28 of the Act, the appellant - Union uploaded the details of the resolution on the website of respondent No. 2. Respondent No. 3 issued a Certificate of Registration (Amendment) to the appellant - Union with the amended Rules. On 03.12.2021, respondent No. 3 and 4 addressed the letter to respondent No. 2 and objections were raised to the registration of amended Rules. Respondent No. 2 issued a notice dated 21.1.2022. Respondent No. 2 issued a show-cause notice to the appellant - Union as to why the Certification of Registration dated 25.08.2021 should not be cancelled. The appellant - Union submitted a detailed objections. Respondent No. 2 after considering the objections filed by the appellant - Union, issued a communication withdrawing the amendment to the Rules of the appellant - Union and cancel the Certificate of Registration (Amendment) dated 25.08.2021. The appellant - Union did not comply Sub-Section (3) of Section 28 of the Act. The appellant - Union has not notified the amendment within a period of 15 days as of physical copy of the resolution was submitted on 07.07.2021. The petitioner - Union filed a suit in O.S. No. 289/2021 against the workmen as well as respondent No. 5 - Company for declaration and injunction and obtained an interim order. Subsequently, the trial Court vacated the interim order. The appellants aggrieved by the order on temporary injunction filed an appeal in M.A. No. 8/2022, which came to be dismissed vide order dated 21.07.2022. There are two factions of the appellant - Union and the civil disputes are pending inter se amongst workmen of respondent No. 5 - Company with regard to the Union activities. The members of the appellant - Union are desirous of amending Rule 4(b) of their bye-laws. It observed that the amendment could not be incorporated with the provisions of the Act and Regulations, 1958. Further, the respondents have raised the preliminary objections contending that the writ petition filed by the petitioner is not maintainable on the ground that the alleged President has no locus standi to file the writ petition as he was no more the President of the Union as on the date of filing the writ petition. Further, the respondents have raised the preliminary objections contending that the writ petition filed by the petitioner is not maintainable on the ground that the alleged President has no locus standi to file the writ petition as he was no more the President of the Union as on the date of filing the writ petition. The signatory to the verifying affidavit was elected as the President of Union on 06.09.2018 and the term of the office bearers is for a period of three years from 06.09.2018 to 05.09.2021 and the writ petition was filed on 28.02.2022. As on the date of filing the writ petition, the signatory to the verifying affidavit was not the President of the appellant - Union. He has locus standi to file a writ petition on behalf of the appellant - Union. The learned Single Judge considering the contentions of the learned counsel for the appellants and also placing reliance on the judgment of the Hon'ble Apex Court, has rightly dismissed the writ petition. In view of the above discussions, we do not find any error in the impugned order. Hence we proceed to pass the following: ORDER: The writ appeal is dismissed. 9. In view of disposal of the writ appeal, pending IAs., if any, do not survive for consideration and are accordingly disposed of.