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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
CESC Sramik Karmachari Union – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Shampa Dutt (Paul), J.
1. The writ application has been preferred challenging the notice dated 08.04.2025 and the communication dated 07.05.2025 and 29.05.2025 issued by the Registrar of Trade Unions, West Bengal.
2. The petitioners‟ case is that the petitioner no.1 is a trade union registered under the Trade Unions Act, 1926. The petitioner nos. 2 and 3 are elected Office-bearers of the petitioner trade union and are citizens of India. The petitioner no.2 is a serving employee of CESC Ltd. and the petitioner no.3 is a retired employee of CESC Ltd.
3. On the basis of an order passed by this Hon'ble Court on 28.2.2024 in W.P.A. 4810 of 2024 (Calcutta Electric Supply Workmen's Union & Anr. -vs- State of West Bengal & Ors.) the petitioner trade union was recognized as a sole bargaining agent by the Registrar of Trade Unions through a Certificate dated 1.3.2024.
4. The union has its Executive Committee to administer all affairs of the union subject to the control of the General Body of members.
5. The petitioners‟ further state that petitioner union has been functioning for a period of about thirty two years and historically and by practice, some of its Office-bearers have been re
The Registrar of Trade Unions cannot impose restrictions contrary to the Trade Unions Act, allowing retired employees to serve as office bearers within stipulated limits.
The central legal point established in the judgment is the right of the members of a trade union to elect their office-bearers and the management's lack of authority to impose arbitrary restrictions ....
The court established that retired employees cannot be arbitrarily excluded from union representation in grievance redressal processes, affirming their rights under the Trade Unions Act and Industria....
Trade Unions must reflect majority strength for negotiations; prior recognition does not grant exclusivity, emphasizing collective bargaining principles.
Point of law: Election dispute which is sought to be resolved, the Division Bench was of the view that, the election dispute in a trade union need not be interfered with by the writ Court.
Trade unions have the constitutional right to self-governance, and employer-imposed restrictions on election processes are unconstitutional.
The main legal point established in the judgment is that the State Co-operative Election Authority (SCEA) has the jurisdiction to issue directives for the preparation of electoral rolls and conduct o....
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