2023 Supreme(Kar) 1296
IN THE HIGH COURT OF KARNATAKA
Prasanna B. Varale, C.J., Ashok S. Kinagi, J.
Toyota Kirloskar Motor Employees Union (R) – Appellant
Versus
State of Karnataka and Another – Respondents
Writ Appeal No. 75 of 2023
Decided On : 06-02-2023
Advocates:
Advocate Appeared:
For the Appellant : Avani Chokshi, Maitreyi Krishnan
For the Respondents: S. Rajashekar, T.S. Anantharam, S.N. Murthy, Somashekar
Headnote:(A) Trade Unions Act, 1926 - Section 28 - Karnataka Trade Union Regulations, 1958 - Cancellation of the Certificate of Registration (Amendment) due to non-compliance with statutory requirements regarding amendments - The appellant was unable to notify amendments within the stipulated time, thus leading to the cancellation of the Amendment Certificate. (Paras 6, 8)
(B) Locus Standi - The learned Single Judge dismissed the writ petition on the ground that the President lacked locus standi as he was not the President at the time of filing the petition. The court reaffirmed that compliance with procedural requirements is essential for the maintenance of a registered Trade Union. (Paras 4, 8)
Facts of the case:
The Union sought to amend its rules to increase the subscription fee and allow members facing dismissal applications to remain in the Union. The amendments were not notified within the required timeframe, leading to their cancellation by authorities.
Findings of Court:
The court found no error in the learned Single Judge's dismissal of the petition, confirming that the failure to comply with Section 28's requirements justified the cancellation of the Amendment Certificate.
Issues: Whether the appellant's President had the locus standi to file the writ petition and whether the cancellation of the amendment was justified due to a failure to comply with statutory notification requirements.
Ratio Decidendi: The court ruled that the appellant Union did not comply with the mandatory requirements of Section 28 within the prescribed timeframe, and the President's lack of standing was rightly considered by the learned Single Judge.
Result: The writ appeal is dismissed.
| Table of Content |
|---|
| 1. background context of the appeal. (Para 1 , 2) |
| 2. court's analysis of legal provisions. (Para 3 , 5 , 6 , 7) |
| 3. appellant's argument against decision. (Para 4) |
| 4. dismissal of the writ appeal. (Para 8 , 9) |
JUDGMENT :
Ashok S. Kinagi, J.
1. This intra-court appeal is filed under Section 4 of the Karnataka High Courts Act challenging the order dated 16.12.2022, passed in W.P. No. 5127/2022 by the learned Single Judge.
2. Brief facts leading rise to filing of this appeal are as under:
The appellant - Union was registered under the Trade Unions Act, 1926 (for short 'the Act'). The appellant - Union held the General Body Meeting of its members and took the unanimous decision to amend the Rules of the Union to increase the subscription amount from Rs.25/- to Rs.100/- per month and to permit the employees against whom the applications for permission or approval of dismissal filed by the management were still pending to continue as a members of the Union. On 24.03.2020, the Government of India declared nation-wide lockdown. On 02.11.2022, after lifting of lockdown and the government restrictions of physical meetings in the Government Offices, the appellant approached respondent No. 2 with physical copies of the amendment application sought to be filed by them. However, they have informed that the office is only accepting the amendment applications on the online website of respondent No. 1. The appellant - Union was unable to upload the application online due to various technical errors. Finally, in the office of respondent No. 1 took necessary steps and the name and details of the Union were updated on the website. A number of members of the appellant - Union failed to make subscription payments to the appellant. According to the rules of the union, lost their membership. The Union gave multiple opportunities to such workers to renew their membership. The appellant - Union was able to upload the details on the website of the labouronline.kar.nic.in. The office bearers of the appellant - Union physically submitted notarized hard copies of general body resolution in the office of respondent No. 1. Respondent No. 3 issued a Certification of Registration (Amendment) to the appellant along with amendment Rules. The said registered amendment had came into effect on 25.08.2021. The appellant issued a circular granting one last opportunity to the membership from 15.11.2021 to 30.11.2021. Respondent Nos.3 and 4 filed a submissions to respondent No. 2 for cancellation of registration of the amended Rules. The appellant - Union received a notice dated 20.12.2021 from respondent No. 2 calling upon for why the Certificate of Registration (Amendment) dated 25.08.2021 should not be cancelled. The appellant - Union submitted a detailed objections. Respondent No. 2 issued a notice withdrawing the amendments to the Rules to the Union and cancelling the Certificate of Registration (Amendment) dated 25.08.2021. The appellant - Union aggrieved by the cancelling the Certificate of Registration (Amendment) dated 25.08.2021 filed a writ petition in W.P. No. 5127/2022. The learned Single Judge after hearing the parties, rejected the application. Hence, the appellant - Union aggrieved by the order passed by the learned Single Judge, has filed this appeal.
3. Heard the learned counsel for the appellant - Union, learned AGA for respondent Nos.1 and 2 and Sri S.N. Murthy, learned Senior counsel appearing for Sri Somashekar, learned counsel for respondent No. 5.
4. Learned counsel for the appellant - Union submits that the learned Single Judge has committed an error in passing the impugned order. She further submits that the cancellation of the amendment was patently unjust and illegal. The learned Single Judge has committed an error in dismissing the writ petition solely on the ground that the President of the Union has no locus standi to file the writ petition as on the date of filing the writ petition. She submits that the President was representing
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