- (1.)This appeal seeks to challenge the common judgment and order dated 23.5.2003 rendered by the High Court of Allahabad in Writ Petition No. 9498 of 1981 which was filed by the first Respondent management, and Writ Petition No. 10321 of 1981 which was filed by the Appellants workmen. The writ petition which was filed by the management has been allowed whereas the one filed by the workmen has been dismissed. Both these writ petitions sought to challenge the award dated 31.3.1981 passed by the Labour Court at Bareilly in Adjudication Case No. 95 of 1979. Heard Mr. R.D. Upadhyay, learned Counsel in support of this appeal and Mr. Sunny Chaudhary, learned Counsel appearing for the Respondents.
(2.)The facts leading to this appeal are this wise. One Mr. J.H. Patel, was elected on 8.5.1996 as the General Secretary of the Nuboard Karmachari Sangh, a Trade Union registered under the provisions of the Trade Unions Act. The said Karmachari Sangh was affiliated to Hind Majdoor Panchayat. One Mr. Ram Kishan was the Organizing Secretary and Mr. Asha Ram was the Vice President of the said Karnachari Sangh. It is the further case of the workmen that on 20.8.1977 they wrote to the Registrar of the Trade Unions, U.P. at Kanpur to declare their office bearers, including the above three persons, as the "protected workmen", and they were so declared by the Registrar of Trade Unions by his letter dated 15.2.1978.
(3.)It is the case of the workmen that on 10.4.1977, after the formation of the Trade Union, when the aforesaid J.H. Patel was collecting subscription from the members of the Union, he was called to the office of the employer, and was told to refrain from conducting the Trade Union activities, and the Receipt Book and the subscription which he had collected, was snatched away from him. The said Mr. Patel went to the Police Station to lodge a complaint, but the complaint was not recorded, and therefore he was constrained to file a criminal complaint before the concerned Magistrate. There was no dispute that in that complaint, officers of the Respondent Company including A.H. Shah, Director and J.B. Dalal, Administrative Manager, were arraigned as accused. The complaint was taken up by the Magistrate but inasmuch as the evidence was found insufficient, the learned Magistrate held that the complaint was not proved, and therefore by his judgment and order dated 29.6.1978 acquitted all the four accused including the aforesaid two officers of the Respondent Company.