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
| 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
AI
Point of law: If the Registrar is satisfied that the certificate is obtained by fraud or mistake or the Union has ceased to exist, is not the circumstance here and further has willfully and after not....
The court ruled that disputes regarding the signing of Form-J by trade union officers are factual and not suitable for resolution under Article 226, directing such matters to Civil Court.
The court upheld the dismissal of an amendment application in industrial dispute proceedings, ruling that proposed changes were repetitive and did not introduce new claims, affirming the Labour Court....
The principle of natural justice, including the right to be heard and reasoned decision-making, influenced the court's decision in setting aside the non-speaking cancellation order.
Termination from service - Misconduct – As per provisions of ID Act at a time when Union had continued to enjoy its corporate body status cannot be said to be in any manner vitiated merely because Un....
An appeal under Section 11 of the Trade Unions Act, 1926 is maintainable only against refusal of registration or cancellation of registration, not against a refusal to cancel.
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