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High Court Of Calcutta
SUSANTA CHATTERJI
OIL AND NATURAL GAS COMMISSION WORKMENs Association, REPRESENTED BY SUNIT KUMAR Ghosh - Appellant
Versus
STATE OF WEST BENGAL - Respondent
C. O. 5311 (W) Of 1987
Decided On : 09/15/1987
TRADE UNION - REGISTRATION - OFFICE BEARERS - ELECTION - DISPUTE - JURISDICTION OF REGISTRAR OF TRADE UNIONS - SCOPE OF INQUIRY - ADMINISTRATIVE INQUIRY - PRINCIPLES OF NATURAL JUSTICE - APPOINTMENT OF SPECIAL OFFICER FOR CONDUCTING FRESH ELECTION.
Fact of the Case:
A dispute arose as to the election of the office bearers of the petitioner Trade Union, resulting in inter-union rivalry. A previous writ petition was filed by the Trade Union represented by different office bearers, challenging the validity of the election held on 4.3.1987. The earlier writ petition was disposed of by directing the Registrar of Trade Unions, West Bengal to adjudicate upon the grievances within a period of four weeks from the date of communication of the order. Pursuant to the said order, the Registrar of Trade Unions heard the rival parties and decided that the Annual General Meeting held by the Trade Union on 10.7.1986 and the election to the executive on 4.7.1986 did not have the support of the rules and constitution of the Union. The decision of the Registrar of Trade Unions was challenged in the present writ petition.
Finding of the Court:
The Court held that the Registrar of Trade Unions has no quasi-judicial authority to hold any inquiry by allowing parties to examine witnesses and to allow the other party to cross-examine such witnesses and to decide the dispute as to who are the real office bearers. The Court further held that the Registrar of Trade Unions is not a quasi-judicial authority to look into the evidence and the ultimate forum is an ordinary Civil Court where the parties can initiate proceedings for declaration of rights and to obtain consequential reliefs in accordance with the law.
Issues: 1. Whether the Registrar of Trade Unions has jurisdiction to decide the dispute regarding the legality and validity of the election of office bearers of a Trade Union? 2. Whether the Registrar of Trade Unions has quasi-judicial powers to hold an inquiry and decide the dispute between rival groups of a Trade Union? 3. Whether the Registrar of Trade Unions followed the principles of natural justice while conducting the inquiry?
Ratio Decidendi: 1. The Court held that the Registrar of Trade Unions has no jurisdiction to decide the dispute regarding the legality and validity of the election of office bearers of a Trade Union. The Registrar's function is not quasi-judicial, but merely administrative. 2. The Court held that the Registrar of Trade Unions does not have quasi-judicial powers to hold an inquiry and decide the dispute between rival groups of a Trade Union. The Registrar's duty is to record changes in office bearers under Section 8 read with Section 28 of the Trade Unions Act. 3. The Court held that the Registrar of Trade Unions did not follow the principles of natural justice while conducting the inquiry. The Registrar did not give sufficient notice to both the parties as to the scope of inquiry and the specific issues to be solved within the scope of Sections 8 and 28 of the Trade Unions Act. He ought to have heard the representations of both the parties in presence of all.
Final Decision: The Court quashed and set aside the impugned order of the Registrar of Trade Unions and appointed the Registrar of Trade Unions as a Special Officer to conduct the election afresh of the office bearers of the Trade Union within two months from the date of communication of the order.
( 1 ) THE present writ petition has been filed for issuance of a Writ of Mandamus declaring that a decision of the respondent No. 2 the Registrar of Trade Unions, Department of Labour, Government of West Bengal in the matter of adjudication on the legality and validity of the election of office bearers of O. N. G. C. Workmen's Association (copy of which is annexure 'd' to the writ petition) and the order of the respondent No,, 4; the Joint Director (I. R.) as communicated under Memo No. CAL/ CR/ir/omgcwa/87-CONF, dated 8. 6. 87 (copy of which is annexure 'f' to the writ petition) are not valid, legal and proper, and to rescind, recall and withdraw the aforementioned decision and the order. It is stated in the writ petition that the petitioner No. 1 is a registered Trade Union bearing Registration No. 10641 having its office at P-45, Taratolla Road, Calcutta and its members are employees of the respondent No. 5 Oil and Natural Gas Commission in its different offices and the State of West Bengal. The petitioner Nos. 2 to 6 are alleged to be the office bearers of the petitioner No. 1 Association. It is further stated that the petitioner No. 1 association was formed in the year 1972 and duly registered under the Indian Trade Unions Act and since then it carried out the activities of the Trade Union amongst the employees. A dispute arose as to the election of the office bearers of the said Association resulting in inter-union rivalry. A previous writ petition was filed by Oil and Natural Gas Commission Workmen's Association bearing the self-same Registration No. 10641, dated 7. 7. 72 having office at 50, Jawharlal Nehru Road, Calcutta-71 being represented by Shri Shyamal Kanti Das and four others who are the respondent Nos. 8 to 12 in the present writ application. The earlier writ application being C. O. No. 4892 (W) of 1987 was filed to declare that the election of office bearers held on 4. 3. 87 was a valid one and the respondent Nos. 3, 4 and 6 being O. N. G. C. , the Regional Director, Central Region, O. N. G. C. and the Joint Director (Industrial Relation), O. N. G. C. , are legally bound to negotiate and discuss all labour matters with that body only and not with the office bearers/executive members of the said Association formed upon the election held on the 4th of July, 1986. The earlier writ petition was moved upon notice to the Government Pleader, High Court representing the State of West Bengal, the Regional Director, Central Region, O. N. G. C. , and the Senior Central Government Advocate representing Union of India. Upon hearing the learned lawyers appearing for the respective parties on 8. 5. 87 it transpired that the learned Advocate for O. N. G. C. , produced a copy of the letter written by the Deputy Registrar (Trade Union), West Bengal under Memo No. 306, dated 4. 4. 87 that regarding representative body of the Union in question, the matter was being examined by the Registrar of Trade Unions who is alleged to have the jurisdiction to enquire about the legality of the election of new office bearers of the Trade Union, the writ petition was disposed by directing the Registrar of Trade Unions, West Bengal to adjudicate upon the grievances within a period of (four) weeks from the date of communication of the order and all the questions as raised in the aforementioned earlier writ petition were left open. The Registrar of Trade Unions was directed to decide the matter by passing a speaking and reasoned order by giving an opportunity of hearing to all the parties concerned. The said writ petition was, however, disposed without serving any notice to other private respondents.
( 2 ) PURSUANT to the said order, dated 8. 5. 87 passed by this Court, the Deputy Registrar (Trade Union by office Memo No. 5/4/tur, dated 26. 5. 87 asked Sri Sunit Kumar Ghosh, General Secretary, O. N. G. C. Workmen's Association of P-45, Taratolla Road, Calcutta to appear before the Registrar of Trade Unions, West Bengal for a
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