Aftab Alam, J.

The petitioners in this application, claiming to represent the Bokaro Steel Workers Union as its General Secretary seeks to challenge the directions contained in the communication dated 25-7-1994 addressed by the Labour Commissioner, Bihar, to the General secretary Rastriya Mazdoor congress. This communication ( copy at Annexure 4) States that in the Bokaro Workers union, registration No. 1034, affiliated to the JNTUC an internal dispute had come into existence on account of the conflicting claims of two factions to be its rightful office bearers . It was further Stated that one C.L Srivastava (respondent no.3), the leader of one faction claimed that the Union's election was held in 1991 in which he was elected as its general secretary; similarly on P. N Tripathi, the leader of the other faction (after whose demise the present petitioner claims to have assumed the office of the general secretary) claimed that the Union's elections was held in 1992 when he was elected the General secretary of the Union. The letter goes on to sties that on enquiry it was found that neither of the two elections, on which the rival factions founded their respective claims, was in accordance with the Union ( constitution and it was accordingly decided that an election of the office bearers of the union be held through the national head quarter of NTUC and following the procedures provided in the Union's constitution. The letter further directs that the election will be held under the supervision of the Deputy Labour Commissioner, Bokaro Steel City as the representative of the Registrar Trade Unions and the list of the office bearers prepared on the basis of this election and duly countersigned by the Registrar's representative shall be accepted as the list of the validity elected office bearers. The letter falling which further action would be taken in terms of the provisions of the Trade Union Act and the Code of Discipline framed by the department. The letter, however, does not disclose the source of power for the Labour Court missioner/ trade Union Registrar to issue the directions of the mature as Stated above.

2. Each of the rival factions claiming to lawfully represent the union has its own story to narrate I need go to into the details of the rival claims for the simple reason that this Court in this application would not undertake an adjudication on the merits of the conflicting claims involving disputed questions of facts. It would be, however, appropriate to note the following facts which ate not in dispute.

3. According to the petitioner, an election was held on 24.08.1990 in which Messrs. Bindeshwari Duby and P.V Tripathi (since decided) were elected as the President and General Secretary of the Union. The intimation in this regard was duly given to the Registrar Trade Union and required under Section 28 of the Trade Unions Act it appears that Mr. Srivastava (Respondent No.3) had then raised a dispute before the Registrar regarding the election of the petitioner faction as the office bearers of the union and questioning the validity of the election said to have been held on 24.08.1990. The Register appear to have referred the dispute to the parent body, the INTUC and on the advised revised from it 'recognised' the members of petitioners faction as the duly elected office bearers of the union vide his letter dated 15.09.1990 addressed to the General Manager, Bokaro Steel Plant (copy at Annexure - I). This letter appears to have been challenged first by filling write petition being CWJC No. 2009/1990 (R) before the Ranchi Bench of this Court. But this Court declined to interfere in the matter and then Mr. Srivastava filed a suit being T. S. No. 87/1990 in the Court of Munsif, Chas. This suit was later with drawn but on the same day another suit being T. S. No. 120/1990 was filed questioning the validity of the election said to have been held on 24.08.1990 and also challenging the Registrar's letter dated 15.09.1990. I