Altamas Kabir, Cyriac Joseph and Surinder Singh Nijjar, JJ. - (1.) The Special Leave Petition is directed against the final order dated 1st November, 2010, passed by the Orissa High Court at Cuttack in Writ Petition No. 10256 of 2010, wherein the Petitioner prayed for quashing of the order dated 21st May, 2010, passed by the Labour Commissioner, Orissa, Bhubaneswar, appointing the District Labour Officer, Jharsuguda, as the Returning Officer to conduct the election for the Office Bearers of the Tata Refractories Shramik Sangh, Belpahar, Jharsuguda, which is the only recognised Union of the company. Without going into the rival contentions, the High Court rejected the contention that the appointment of the Returning Officer for conducting the election of the Office Bearers of the Sangh was bad in law and held that the Labour Commissioner had rightly appointed the District Labour Officer, Jharsuguda, to conduct the aforesaid election for the purpose of proper " representation of the workmen of the factory. In the said context, the High Court disposed of the writ petition by directing that the Returning Officer should conduct the election and complete the election process, in all respects, within a period of four weeks from the date of the order, by following the procedure contemplated in the Model Election Rules, vis-a-vis the registered Bye-laws of the Association.
(2.) The Petitioner herein is aggrieved by the said direction by which the Returning Officer was directed to follow the procedure contemplated in the Model Election Rules, which presumably means the Verification of Membership and Recognition of Trade Unions Rules promulgated in 1994.
(3.) From the submissions advanced on behalf of the respective parties, it appears that elections of Office Bearers of the Union last took place on 8th April, 2007, and, although, the tenure of such Office Bearers was for one year, till today no further elections have been conducted. As a result, there is some kind of vaccum, though the Petitioners claim that they have been continuing in management of the Trade Union. Be that as may, we now have to find a way to resolve the impasse which has been created on account of the fact that elections could not be conducted, and, although, various submissions have been made with regard to the provisions of the Trade Unions Act, 1926, as far as the election of Office Bearers is concerned, there is nothing in the said Act to indicate as to who should conduct the elections of the Office Bearers and in what manner. Moreover, having regard to the nature of the dispute involved herein, where different groups are claiming to be the Officer Bearers of the Association, we are inclined to take a pragmatic approach to resolve the impasse. Accordingly, we appoint the District Labour Officer, Jharsuguda, as the Returning Officer, to conduct the election of the Officer Bearers of the Tats Refractories Shramik Sangh, Belpahar, Jharsuguda, within a period of twelve weeks from the date of receipt of a copy of this order. He shall prepare a fresh programme for conduct of the elections within the time specified and shall notwithstanding the order passed by the High Court, conduct the elections in accordance with the Bye-laws of the Union, and by secret ballot. The expenses for the election will be borne by the Union.;