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N.PANDEY
Bokaro Steel Workers Union – Appellant
Versus
State Of Bihar – Respondent
Key Points: - The Registrar, Trade Unions has no jurisdiction to adjudicate on the validity of elections or to direct the office bearers to hold election or nominate a nominee to supervise the election. (!) - Disputes regarding which group of office bearers is validly elected must be resolved by the Civil Court, not by the Registrar. (!) - A communication/direction by the Registrar under Sec.28 cannot be construed as a directive to hold elections; the Registrar’s role is administrative and cannot confer rights or divest parties of power. (!) (!) (!) - The writ petition was allowed to the extent of quashing the Registrar’s direction to hold a fresh election, indicating the scope of proper inquiry is limited to administrative maintenance of records. (!) - Elections held in 1992 and 1996, and the validity of those elections, were not to be adjudicated in this writ proceeding; only civil court proceedings can resolve rival claims. (!) (!) (!)
N. Pandey, J.
1. Petitioner No.1 in this application, claiming to be the General Secretary of Bokaro Steel Workers Union, has prayed for quashing the direction contained in communication dated January 11 1996 (Annexure-5) addressed to the Managing Director, Steel Authority of India, Bokaro Steel City with a copy to Shri S. C. L. Shrivastava (respondent No.4 ). By the impugned communication, Additional Registrar, Trade Union had informed that in view of the decision in T. S.120 of 1990 and order of this Court in C. W. J. C. No.6834 of 1994, the election of the Union held on August 5, 1987 was found valid. Besides the aforesaid, names of office bearers including Shri S. C. L Shrivastava (respondent No.4) as General Secretary was also mentioned with a request to hold a fresh election of the office bearers. The communication further shows although Shri Bindeshwari Dubey, Shri P. N. Tripathy and Shri A. K. Tripathy, were dead, but their names were mentioned as Executive President, and Vice President, respectively. But the learned Additional Registrar has failed to disclose the source of his power in issuing such directives to the authorities.
2. From the materials brought on rec
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