- (1.) THIS is a petition under Article 226 of the Constitution for the issue of a writ of certiorari quashing the order of the Registrar. Trade Unions. Kanpur, dated 24-9-1973 registering changes in the office-bearers of the North-Eastern Railway Employees' Union, and the order of the General Manager. North-Eastern Railway, dated 28-9-1973 granting recognition to the office-bearers as registered by the Registrar of Trade Unions.
(2.) THE North-Eastern Railway Employees' Union, petitioner No. 1 is the union of the employees of the North-Eastern Railway, having its headquarters at Gorakhpur. The union is registered as a trade union under the Trade Unions Act, 1926, with the Registrar of Trade Unions at Kanpur, O. P. Tripathi, petitioner No. 2 claims to be the General Secretary of the union. There have been two rival groups claiming themselves to be the office-bearers of the petitioner-union, one group claimed to have been elected at the meeting of the general body of the union at Lucknow while the other group claims to have been elected at Sonepur in Bihar in 1971. Both the groups submitted their returns to the Registrar of the Trade Unions in the prescribed form for registering the change in the office-bearers of the union. The Registrar of Trade Unions at Kanpur registered the office-bearers alleged to have been elected at Lucknow in 1971 with the result Mahabir Rai, respondent No. 3 was registered as president while O. P. Tripathi, petitioner No. 2 was registered as secretary of the union. The dispute was taken to civil Court by the rival group and a suit was filed before the Munsif at Gorakhpur for declaration. During the pendency of the suit the leaders of the National Federation of Indian Railways intervened in, as a result of which both the groups agreed to settle their disputes amicably outside the Court as would appear from a letter of the General Secretary, National Federation of Indian Railways dated 8-12-1972 addressed the leaders of the two rival groups, one led by O. P. Tripathi, petitioner No. 2 and the other led by K. P. Verma, respondent No. 6 a copy of which has been filed as Annexure 3 to the petition. The two rival groups agreed to withdraw the suit without obtaining any decision on the merits of the dispute raised by them and they further agreed that the working committee of the petitioner union should be convened at the earlier to take decisions regarding the restoration of status quo which prevailed before the meeting of the general body dated 24-71971. It was also agreed, that the date for holding the annual general meeting of the Sangh for the election of office-bearers and members would be fixed by the working committee.
(3.) IN pursuance of that agreement petitioner No. 2 claims to have issued a notice to all the members of the general body on 1-12-1972 convening a meeting of the general body to be held on 17-12-1972 at Mathura. It is further alleged that the meeting of the general body was held at Mathura which was attended by 95 members out of the 102 members of the general body. At that meeting an amendment of the constitution of the union was adopted permitting outsiders, who may not be employees of the North-Eastern Railway to hold office in the union. After the amendment of the constitution election of the officebearers was alleged to have been held at that meeting. Sri A. P. Sharma a member of the Parliament, who was an outsider but who became eligible after the amendment of the constitution of the union was alleged to have been elected president of the union while petitioner No. 20, P. Tripathi was alleged to have been elected Secretary and Mahabir Rai, respondent No. 3. as vice-president. Petitioner No. 2 filed a return in form "j" prescribed under the regulations framed under the Trade Unions Act, 1926, before the Registrar. Trade Unions, Kanpur for registering changes in the officeof 9 orth-Eastern Railway Employees' Union and Anr. vs. Registrar of Trade Union and Ors. . . . Page 3 of 9 bearers.;