S.J. Mukhopadhaya, J.

1. Both these cases have been transferred from Patna High Court in terms of the provisions of Bihar Reorganisation Act, 2000. Common question having been raised and common order contained in letter dated 10th June, 2000, having been challenged, they have been heard together and are being disposed of by this common judgment and order.

2. As the matter can be disposed of on a short point, it is not necessary to discuss all the facts, claim and counter claim of the parties, except the relevant one, as mentioned hereunder. In the Bokaro Steel Plant, Bokaro, there is a registered Trade Union, known as Bokaro Steel Workers Union (Union for short). It has its own constitution and by-laws. The election of Office Bearers is held as per the by-laws, with a life of elected Office Bearers for about two years and three months. There appears to be some internal rivalry cropped up since 1989-90, while one or other group claimed to be the validly elected Office Bearers of the Union.

3. The election of Office Bearers of Union held on 5th August. 1987, electing late Bindeshwari Dubey as its President, late P.N. Tripathy as Working President and H.C.L. Srivastava (Petitioner No. 1 of CWJC No. 10020 of 2000) as its Joint General Secretary. The Union rivalry/dispute started in 1989-90 before the death of Bindeshwari Dubey. According to petitioner Ram Chandra Singh and another of CWJC No. 8351 of 2000, H.C.L Srivastava formed a separate group and proclaimed to have got elected on 24th Oc- tober, 1989, as per claim of his group to be victorious. Another rival group under the leadership of one P.N. Tripathy also proclaimed to have got elected in pursuance of election, held on 24th August, 1990, whose group claimed to be victorious.

4. On the other hand, according to petitioner H.C.L. Srivastava and another of CWJC No. 10020 of 2000, he was elected as Joint General Secretary on 24th October, 1989. A tripartite settlement was also signed on 23rd August. 1990 between the management in one side and late P.N. Tripathy and petitioner H.C.L. Srivastava on the other side. According to H.C.L. Srivastava, late P.N. Tripathy formed a separate group and prepared fake list of Office Bearers on 25th August, 1990, purported to have been prepared on the basis of so called election, held on 24th August, 1990.

Petitioner H.C.L. Srivastava and others preferred a writ petition bearing CWJC No. 2004 of 1990(R), challenging the election purported to be held on 24th August, 1990 and a letter dated 15th September, 1990, issued by the Registrar, Trade Union, Bihar, whereby the management of Bokaro Steel Plant, was intimated of such election and Office Bearers. The High Court while did not interfere with the election, asked the petitioner to challenge and raise dispute in a civil Court of competent jurisdiction.

6. Thereafter. Title Suit No. 120 of 1990 was preferred by H.C.L. Srivastava group in the Court of learned Munsif, Chas impleading P.N. Tripathy group, management of Steel Authority of India Ltd., Bokaro steel Plant, Registrar. Trade Union, Bihar and Ors. as defendants.

7. It appears that P.N. Tripathy group amended the constitution and held election on 27th May, 1992, during pendency of the suit. Subsequently, in 1993 Bindeshwari Dubey expired and in 1994 P.N. Tripathy himself expired. In their places one C.S. Dubey (respondent in both the cases) claimed to have been taken over as new President in 1993 and as General Secretary in 1994. The Registrar, Trade Union, Bihar, requested General Secretary, I.N.T.U.C., to conduct election of Office Bearers of Union in presence of Deputy Labour Commissioner, Bokaro Steel City, by his letter dated 25th July, 1994. Sri C.S. Choubey (respondent) in the capacity of General Secretary, Bokaro 5teel Workers Union, challenged the letter of Registrar, Trade Union, dated 25th July, 1994 before the Patna High Court in CWJC No. 6834 of 1996, reported in 1995 (1) PLJR page 400 (Bokaro Steel Workers Union v. State of