RAJESH SHAKAR,J. - (1.) Both these writ petitions have been filed for quashing the order passed by the respondent no.2 as contained in Memo No.2/T2-10-03/17 Shra.Ni.1335 dated 13.06.2017, whereby the application of the respondent no.10 to 14 dated 28.12.2016 for inserting the name of newly elected office bearers of the Telco Workers' Union in Form-B register has been allowed and the name of the petitioners have been deleted from the Executive Committee of Telco Workers Union.
(2.) Since the issues involved in these writ petitions are similar, the same are being heard together and decided by this common judgment. However, W.P. (L) No. 3322 of 2017 is taken as leading case, the petitioners of which are directly affected by the impugned order.
(3.) The factual background of the case as stated in W.P. (L) No. 3322 of 2017 is that the petitioners were elected as President and Secretary in the Telco Workers' Union by virtue of an election conducted in 2016 and thereafter, the list of successful candidates were sent to the Labour Commissioner-cum-Registrar, Trade Unions which was duly entered in Form-B on 21.01.2016. Thereafter, 30 members of the Executive Committee demanded for taking disciplinary action against the earlier President of the Union namely Gurmit Singh whereupon a show cause notice was issued to him on 29.10.2016 and he was suspended from the post of President as well as primary membership of the Union. Thereafter, the members of the Executive Committee also complained against 15 committee members and after a meeting of Executive Committee they were also given show cause notice. Finally, said Gurmit Singh and 15 other members were expelled from the membership and the decision was also approved by the General Body on 30.11.2016. An information to that effect was given to the Registrar, Trade Unions (respondent No. 2) on 02.01.2017 requesting for deletion of their name in Form-B register. Other faction of the Union led by the respondent No. 6 took parallel actions against the petitioners also. A requisition was made by 40 member of the Executive Committee on 12.10.2016 for convening a meeting relating to negotiation with the Management of Tata Motors Ltd. for Grade Revision and also for issuing show cause notice to the petitioners and thereafter a meeting was called on 16.11.2016 wherein the petitioners were expelled from the prime membership of the Union for three years. Vide notice dated 22.11.2016, a meeting of the Executive Committee was convened on 24.11.2016 and finally the decision was also approved by the General Body on 11.12.2016. Thereafter, a letter was sent on 28.12.2016 to the Respondent No. 2 for making necessary changes in the Form-B Register. The petitioner no. 2, on 25.11.2016 informed the Respondent No. 2 about the illegal activities of Gurmit Singh, thereupon, the Respondent No. 3 was asked to conduct inquiry and submit report which was subsequently submitted, on the basis of which, the Respondent No. 2 vide an order contained in Memo No. 2/T2-10-03/17 Shra. Ni. 1335 dated 13.06.2017 removed the name of the petitioners and further added the names of newly elected members in the From-B Register.;