VISHVA KALYAN KAMGAR SANGTHAN & ANOTHER Vs. STATE OF UTTARAKHAND & OTHERS
HIGH COURT OF UTTARAKHAND
Vishva Kalyan Kamgar Sangthan And Another
State of Uttarakhand and others
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(1.) Heard Mr. M. C. Pant, Advocate assisted by Mr. D. S. Mehta, Advocate for the petitioners, Mr. B. S. Adhikari, Advocate for the respondent no.7/Bajaj Auto Ltd. and Mr. N. P. Sah, Standing Counsel for the State of Uttarakhand.
(2.) The petitioner no.1 is a registered trade union at Pune, Maharashtra for the automobile trade, whereas the petitioner no.2 is not a registered trade union. It seeks to espouse the cause of workers of Bajaj Auto Ltd., Pantnagar / respondent no.7. It further claims that since many of the workers of Bajaj Auto Ltd. are its members, it can espouse the cause of the workers in the capacity of a registered trade union.
(3.) On the last occasion, Mr. S. N. Babulkar, Senior Advocate and earlier Mr. J. P. Cama, Advocate for the respondent no.7 appeared in the court and had inter-alia submitted that only a trade union registered in the State of Uttarakhand can espouse the cause of the workers. The principal argument was that the petitioners before this Court are not registered trade union in Uttarakhand, but, the petitioner no.1 is a registered trade union at Pune, therefore, there is a specific bar under sub-clause (3) of Section 6-I of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), which reads as under:-
6-I. Representation of the parties.
(3) No officer of a Union shall be entitled to represent any party unless a period of two years has elapsed since its registration under the Indian Trade Unions Act, 1926, and the Union has been registered for one trade only: Provided that an officer of a federation of unions may subject to such conditions as maybe prescribed represent any party.";
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