- (1.) In the writ petition, the petitioner No.1 is the 'Employees' Association affiliated to the 12th July Committee. It is a trade union registered under the Trade Unions Act, 1926. The respondent No. 2 is its General Secretary. The contentions of the petitioners are that though majority of the members are in support of the petitioner No.1 and are the actual office bearers of the said trade union, that is petitioner No.1, and though the petitioners by letter dated 18th January, 2005 demanded before the respondent Nos. 1 and 2 to declare the petitioner No.1 as the real committee but the said respondent by letter dated 24th March, 2005 intimated that the Registrar of Trade Unions was not empowered to declare the petitioner No.1 as the sole bearer of the union. Submission is made under section 8 of the Trade Unions Act, 1926 (for short 'the Act') the Registrar, on being satisfied that the Trade Union has complied with all the requirements under the Act in regard to registration, shall register the Trade Union by entering in the register, but he is not competent to hold elections. However, it is submitted that in the facts and circumstances, the Court may direct the Registrar to hold elections of the office bearers of the Association. Reliance is placed on the judgement of the Calcutta High Court in Oil and Natural Gas Commission Workmen's Association & Ors. vs. State of West Bengal & Ors., reported in 1988 Lab. I.C. 555 and the judgement of the Apex Court in North-Eastern Railway Employees Union & Ors. vs. IIIrd Additional District Judge, Farukhabad & Ors., reported in AIR 1988 SC 2117 in support of his contenticns.
(2.) Mr. Patranabis, learned advocate on behalf of the State authorities, submits though the Registrar of Trade Unions is not the authority to hold elections, however, under special circumstances, the Registrar or any officer authorized by him may be directed to conduct elections.
(3.) Heard learned advocates for the parties.;