P APPA SERVAI Vs. COMMISSIONER OF LABOUR

JUDGEMENT

(1.) THE petitioner, a member of the third respondent Trade Union, had filed the present writ petition praying for the issue of a writ of certiorari or any other appropriate writ calling for the records relating to the proceedings of the second respondent, the additional Registrar of Trade Union-I in his proceedings No. B-3/No. 3266/91, dated 31.7.1991 and quash the same.Heard Mr. Sivakumar, learned counsel appearing for the petitioner, and Mr. N. G. R. Prasad, learned counsel appearing for the third respondent. Respondents 1 and 2 have also been served, but they have not filed their counter.

(2.) THE fourth respondent has been served, but he has neither entered appearance nor filed his counter. THE fifth respondent has not been served. However, the non-service on the fifth respondent need not delay the disposal as the contesting respondents have been served.According to the petitioner, he is a member of the third respondent Trade Union, which was started during the year 1975 and registered with the second respondent. THEre are about 5000 members in the said trade Union, who are all employed in Pallavan Transport Corporation, whom the third respondent Union represented. According to the petitioner, the Annual General Council Meeting was not convened and none of the records have been maintained and that the respondents 3 and 4, who are the Office bearers, in view of the split in the political party, there was a split in the third respondent Union. THE fourth respondent continued to act as President, but the Secretary and Treasurer were changed without conducting any election as provided under the Bye-laws and as provided under the Trade Unions Act.In the year 1989, there was a merger of the two splinter groups. THE General Council of the third Respondent Union has not been called for the past four years, and no General Body Meeting was conducted, and consequently required returns and declaration of funds were not filed and no Books of Account or Vouchers were maintained for the relevant period. THE petitioner who is an executive member, had been repeatedly demanding the President and the Treasurer to render the accounts to be submitted for the respective years.

(3.) THE Court of law shall not run rough to defeat those settlements and shall not be a cause for disruption of industrial peace.