B C SHARMA Vs. M L BHALLA
LAWS(SC)-2006-9-12
SUPREME COURT OF INDIA
Decided on September 06,2006

B.C.SHARMA Appellant
VERSUS
M.L.BHALLA Respondents





Cited Judgements :-

HOTEL HINDUSTAN INTERNATIONAL KARMACHARI UNION VS. HOTEL HINDUSTAN INTERNATIONAL [LAWS(CAL)-2008-9-70] [REFERRED TO]
HASANPUR CHINI MILL MAZDOOR UNION VS. STATE OF BIHAR [LAWS(PAT)-2007-4-51] [REFERRED TO]
L.S.SIBU VS. UNION OF INDIA [LAWS(KER)-2013-1-24] [REFERRED TO]
INDRAJITSINH VIJAYSINH SOLANKI VS. COMMISSIONER OF LABOUR [LAWS(GJH)-2014-7-152] [REFERRED TO]
ARUN KUMAR SINGH AND ORS. VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2015-2-134] [REFERRED TO]
INDRAJITINH VIJAYSINH SOLANKI AND ORS. VS. THE COMMISSIONER OF LABOUR AND 4 ORS. [LAWS(GJH)-2013-12-271] [REFERRED TO]
H.C. DHYANI AND ORS. VS. REGISTRAR OF TRADE UNION AND ORS. [LAWS(DLH)-2010-4-205] [REFERRED TO]


JUDGEMENT

Dalveer Bhandari, J. - (1.)Leave granted.
(2.)The short controversy involved in this appeal pertains to holding of the next elections of a Trade Union called the Uttariya Railway Mazdoor Union registered under the Trade Unions Act, 1926 (hereinafter mentioned as "the Union"). Its members are drawn from the Northern Railways and it is managed by a Central Executive Committee under a duly registered Constitution. The General Body is the supreme body of the Union. According to clause 1 of the Constitution Rules and Bye-laws of the Union, General Body consists of office-bearers of the Union and members of the Central Executive Committee and delegates elected in the prescribed manner as defined hereinafter. Clause 6 deals with the aims and objects of the Union. It reads as follows:
"III. Aims and Objects.

6. The aims and objects of the Union shall be:-

a) To establish an independent and free Union based on the principles of Trade Unionism which shall be free from the influences of the Government, the Employer and the Political Parties.

b) To advocate cause, and help to establish leadership of the workers in the management of their Trade Union.

c) To make the Northern Railway Employees conscious of their rights and duties by uniting and consolidating them under the Union.

d) To promote and protect the interests of the Northern Railway employees by legitimate and constitutional means.

e) To watch, defend and promote the interests, rights and privileges of the Northern Railway Employees irrespective of caste, creed, race or section in all matters relating to their employment.

f) To co-ordinate the activities of different categorical groups of Railway employees for safeguarding their legitimate interests.

g) To regulate relations and to establish mutual understanding between members and administration and to settle issues through negotiations, conciliations and/or arbitration.

h) To educate, prepare and encourage Railway employees to take increasing part in the management, administration and control of the Railway in the larger interest of the country and to enthuse National Spirit in them.

i) To support Legislative measures for the protection of Labour and to oppose the same when it is against the interest of Labour.

j) To press for reasonable hours of work, proper housing and standard of living.

k) To provide funds for the compensation of members for loss arising out of trade disputes.

l) To organize and establish separate funds for the benefit of members or their dependents in cases of sickness, accident or death, non-employment and old-age of such members and for funeral, legal and purpose, declared lawful under the Act.

m) To establish co-operative stores in the interest of Railway Employees.

n) To promote and safeguard the economic, social and civic interests of Railway employees in alliance with the rest of the working class organizations in so far as it does not violate the provisions of Trade Union Act.

o) To amalgamate, federate with or affiliate itself to any Association, Union or Society having kindred aims and objects.

p) To encourage and establish Panchayat System in the Railway Colonies for settling mutual disputes.

q) To provide legal assistance to members by raising special funds in respect of matters arising out of or incidental of their employment.

r) To secure and maintain for the Railway employees:-

i) Freedom of Association.

ii) Freedom of Assembly

iii) Freedom of Speech.

iv) Freedom of Press.

v) Right to Work.

vi) Right to Strike, and;

vii) Right of representation in the management and in the legislature.

s) To encourage and establish Night Schools; Clubs, Reading Rooms for the employees and their children and to make grant to the take share in the management and control of any institution having for its objects the education and training of Trade Unionism. Also publish periodicals and journals.

t) To raise special funds if and when necessary for any or all the objects stated above or for any legitimate objects considered conducive to the growth and expansion of the Union.

u) To receive grants-in-aid from different sources including Central Board for Workers Education for educating Workers Education Programme."

(3.)Clause 26 of the Constitution Rules and Bye-laws of the Union is reproduced as under:
"The General Body shall consist of:

(a) Office-bearers and members of the Central Council.

(b) Delegates elected by the members in each Branch of the Union at a meeting held for the purpose on the basis of one delegate for every 150 members or major part thereof, shall comprise of:

i) The General Body meeting will be held in every three years.

ii) Any other extra General Body Meeting will be held after three years."



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