H.V.AXLES KARAMCHARI UNION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) .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). 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.) BEING aggrieved with that order, the petitioner has preferred this writ application.