- (1.) THE present writ petition has been filed for issuance of a writ of Mandamus declaring that a decision of the respondent no. 2 the Registrar of. Trade Unions, Department of labour, Government of West Bengal in the matter of adjudication on the legality and validity of the election of office bearers of O. N. G G. Workmen's Association (copy of which is annexure 'd' to the writ petition)and the order of the respondent no. 4, the Joint Director (I. R.) as communicated under Memo No. CAL/cr. /ir/ongcwa/87-CONF dated 8. 6. 87 (copy of which is annexure 'f' to the writ petition) are not valid, legal and proper, and to rescind, recall and withdraw the aforementioned decision and the order. It is stated in the writ petition that the petitioner no. is a Registered Trade Union bearing Registration No. 10641 having its office at P-45, Taratolla, Road, Calcutta and its members are employees of the respondent no. 5 Oil and Natural Gas Commission in its different offices and the State of West Bengal. The petitioner nos. 2 to 6 are alleged to be office bearers of the petitioner no. 1 Association. It is further stated that the petitioner no. 1 association was formed in the year 1972 and duly registered under the Indian Trade Unions Act and since. then it carried, out the activities of the Trade Union amongst the employees. A dispute arose as to the election of the office bearers of the said Association and resulting in intra union rivalry. A 'previous writ petition was filed by Oil and Natural Gas Commission Workmen's Association bearing the self-same registration No. 10641 dated 7. 7. 72 having office at 50,, Jawaharlal Nehru road, Calcutta-71 being represented by Sri Shyamal Kanti Das and four others who are the respondent nos. 8 to 12 in the present writ application. The earlier writ application being C. O. No. 14392 (W) of 1987 was filed to declare that the election of office: bearers held on 4. 3. 87 was a valid one and the respondent nos. 3, 4 and 6 being O. N. G. C, the Regional director, Central Region, O. N. G. C. and the Joint Director (Industrial relation), O. N. G. C, are legally bound to negotiate and discuss all labour matters with that body only, not with the office bearers/executive members of the said Association formed upon the office election held on the 4th of July, 1986. The earlier writ petition was moved upon notice to the Government Pleader, High Court representing the State of West Bengal, the Regional Director, Central Region, O. N. G. C. and the Senior Central government Advocate representing Union of India. Upon hearing the learned lawyers appearing for the respective parties on 8. 5. 87 it transpired that the learned advocate for O. N. G. C, produced a copy of the letter written by the Deputy Registrar, (Trade Union), West Bengal under Memo No. 306 dated 4. 4. 87 that regarding representative body of the Union in question, the matter was being examined by the' Registrar of Trade Unions who is alleged to have the jurisdiction to enquire about the legality of. the election of new office bearers of the Trade Union, the writ petition was disposed by directing the Registrar of Trade Unions, West Bengal to adjudicate upon the grievances within a period of 4 (four) weeks from the date of communication of the order and all the questions as raised in the aforementioned earlier writ petition were left open. The Registrar of Trade Unions was directed to decide the matter by passing a speaking and reasoned order by giving an opportunity of hearing to all the parties concerned. The said writ petition was, however, disposed of without serving any notice to other private respondents.
(2.) PURSUANT to the said order dated 8. 5. 87 passed by this Court, the deputy Registrar (Trade Union) by office Memo No. 5/4/tur dated 26. 5. 87 asked Sri Sunit Kumar Ghosh, General Secretary, O. N. G. C Workmen's association of P-45, Taratolla Road, Calcutta to appear before the Registrar of Trade Unions, West Bengal for a hearing on 1. 6. 87 at 11. 30 A. M. with all relevant papers. Similarly, Shyamal Kanti Das representing O. N. G. C. Workmen's Association having his office at 50, Chowringhee Road, calcutta was also informed to appear at 2. 30 P. M. on the said date. It further appears that Sri Sunit Kumar Ghosh appeared before the Registrar of Trade Unions, West Bengal, but could not produce the notice in connection with the Annual General Meeting of the Union held on 10. 7. 86, and the connected minutes book. He is alleged to have prayed for time by 2. 6. 86 but did not appear on 2. 6. 87 with the notice and the minutes book. The Registrar of Trade Unions heard Sri Shyamal Kanti Das in the afternoon session and decided by examination of the papers and documents that the Annual General Meeting held by the O. N. G. C. Workmen's Association on 10. 7. 86 and the election to the executive on 4. 7. 86 did not have the support of the Trade Unions, W west Bengal on the 8th of July, 1972. The said election of the executive D. 4. 7. 86 as well as holding of the Annual General Meeting on 10. 7. 86 were found to be irregular, and not valid. It was further found by the Register of Trade Unions, West bengal that the annual General Meeting of the executive body raised from (12) to (20) in numbers was also considered irregular and the Extraordinary general Meeting of the requisitionsists held on 4. 3. 87 and the election to the executive body held in accordance with the provisions of the certified rules, were found to be regular. The Registrar conclusively decided that the Executive Body elected on 4. 3. 87 with Sri B. N. Ghosh as President and Sri Shyamal Kanti Das as Secretary and 10 others were properly elected and as such the said body could be considered to be the legally constituted body to represent the O. N. G. C. Workmen's Association being Registration no. 10641. The said decision of the Registrar of Trade Unions on 4. 6. 87 is challenged in the present writ petition. A copy of the said decision is annexure 'd' to the present writ "application as mentioned above. Pursuant to the said decision of the Registrar of Trade Unions, the Joint director (I. R.), O. N. G. C. having his office at 41, Chowringhee Road, calcutta informed Sri Sunit Kumar Ghosh that the Body of which he is the General Secretary can no longer be treated as the legally represe, active body O. N. G. C. Workmen's Association and the privileges and facilities conferred on him as per the provisions of the "code of discipline' as recognised Body will not be. admissible with the Executive Body. The said order was communicated by letter dated 8. 6. 87 which is annexure 'f' as indicated above. The said impugned order is also challenged in the present writ application.
(3.) MR. Somnath Chatterjee, the learned Counsel appearing on behalf of the writ petitioners in the present writ petition viz. O. N. G. C. Workmen's Association represented by Sri Sunit Kumar Ghosh and others has made three-fold submissions. First, he argued that the present petitioners who were parties to the earlier writ petition being C. O. No. 4329 (W)of 1987 are not bound by the order of this Court made on 8. 5. 87 inasmuch as the said writ petition was disposed of without any notice to the private-respondents including the person who are moving the present writ petition. They were not given any opportunity of hearing. Any order passed by this Court upon the earlier writ petition and the particular order dated 8. 5. 87 is not binding upon the present writ petitioners. Secondly, he has argued that the Registrar of Trade Unions has no jurisdiction to decide any question as to the legality validity and propriety of the election of any trade union. He has laid much emphasis upon this scope of Section 8 and Section 2 8 of Indian Trade Unions Act. Section 8 of the Trade Unions act, 1926 runs as follows : - "8-Registration, - The Registrar, on being satisfied with the trade Union as complete with all the requirements of this Act in egard to registration, shall register the Trade Union by entering in a register, to be maintained in such a form as may be prescribed the particulars relating to the Trade Unions contained in the statement accompanying the application for registration". Section 28 of the said Act runs as follows : - "2 8- (D There shall be sent annually to the Registrar on or before such date as may be prescribed, a general statement, added in thee prescribed manner, of all receipts and expenditures of every registered trade union during the year ending on the 31st day of December next proceeding such prescribed date, and all the assets and liabilities of the Trade Unions existing on such 31st day of December. The statement shall be prepared in such form and shall comprise such particulars as may be prescribed. (2) Together with the general statement there shall be sent to the Registrar a statement showing all changes of office bearers as made by the Trade Union during the year to which the general statement refers together with policy with a copy of the Rules of the Trade union corrected up-to-date of despatch thereof to the Registrar. (3) A copy of every alteration made in the Rules of a registered trade union shall be sent to the Registrar within 15 (fifteen) days of the making of the alteration. (4) For the purpose of examining the documents referred to any sub-sections (1), (2) and (3), the Registrars, or any officer authorised by him, by general or special order, may at all reasonable times inspect the certificate of registration, account books, registers, and other documents, relating to a Trade Union at its registered office or may require their production at ' such place as he may specify in its behalf, but no such place shall at a. distance of more than ten miles from the registered office' of a Trade Union. ,";