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1987 Supreme(Cal) 312

High Court Of Calcutta
Susanta Chatterji, J.
O.N.G.C. Workmens Asscn
Vs.
State Of West Bengal
Decided On : Sep 09, 1987

Advocates:
Advocate Appeared:
A.C.Chattopadhyay, K.K.Maitra, M.C.Das, S.Ukil, Somnath Chatterji

The Registrar of Trade Unions has limited administrative power to register changes in office bearers based on a summary inquiry and does not have quasi-judicial authority to decide disputed questions of fact or law.

Headnote:

TRADE UNION - ELECTION OF OFFICE BEARERS - JURISDICTION OF REGISTRAR OF TRADE UNIONS - SCOPE OF INQUIRY - IRREGULARITIES IN INQUIRY - QUASHING OF IMPUGNED ORDER - APPOINTMENT OF SPECIAL OFFICER TO CONDUCT FRESH ELECTION.

Fact of the Case:

A dispute arose as to the election of office bearers of the Oil and Natural Gas Commission Workmen's Association (ONGCWA) leading to intra-union rivalry. A writ petition was filed by a previous office bearer group to declare the election of the new office bearers invalid and to negotiate with them only. The court directed the Registrar of Trade Unions (RTU) to adjudicate the grievances and pass a reasoned order after giving an opportunity of hearing to all parties.

Finding of the Court:

The RTU has limited administrative power under Sections 8 and 28 of the Trade Unions Act to register changes in office bearers based on a summary inquiry. The RTU does not have quasi-judicial authority to hold inquiries, examine witnesses, or decide disputed questions of fact or law.

Issues: 1. Whether the RTU has jurisdiction to decide the legality and validity of the ONGCWA office bearers' election. 2. Whether the RTU's inquiry was conducted fairly and in accordance with the principles of natural justice. 3. What is the appropriate remedy to resolve the dispute and ensure a fair election.

Ratio Decidendi: 1. The RTU's power under Sections 8 and 28 of the Trade Unions Act is limited to administrative functions of recording changes in office bearers based on a summary inquiry. The RTU does not have quasi-judicial authority to decide disputed questions of fact or law. 2. The RTU's inquiry was conducted in an irregular manner. The RTU did not provide specific notice to the rival parties, did not ask for written statements, and held a hearing behind one party's back. This violated the principles of natural justice. 3. The impugned order of the RTU is quashed and set aside. The RTU is appointed as a Special Officer to conduct a fresh election of the ONGCWA office bearers within two months.

Final Decision: The impugned order of the RTU is quashed and set aside. The RTU is appointed as a Special Officer to conduct a fresh election of the ONGCWA office bearers within two months.

JUDGMENT

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 G. 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/ongcwa/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. 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 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 and resulting in intra 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,, Jawaharlal Nehru road, Calcutta-71 being represented by Sri 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. 14392 (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, not with the office bearers/executive members of the said Association formed upon the office 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 4 (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 of 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 hearing on 1. 6.












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