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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rongon Mukhopadhyay, Anubha Rawat Choudhary, JJ.
Vijay Bhushan Mishra and Another – Appellants
Versus
Amalesh Kumar and Others – Respondents
I.A. No. 9192 of 2017 In L.P.A. Nos. 455, 456 of 2017
Decided On : 25-05-2018
Trade Union - Trade Union Act, Sections 17, 18, 31, 32, 28(2), 28(4), 21(A) - The court discussed the provisions of the Trade Union Act, including immunity for office bearers, maintenance of records by the Registrar, and the jurisdiction of the Labour Commissioner. The interpretation of these provisions influenced the court's decision to dismiss the Interlocutory Application.
Fact of the Case:
The case involved a dispute over the quashment of an order related to the election of a trade union. The appellants challenged the order of the Single Judge, and an interim order was granted to stay the election and the operation of certain bank accounts.
Finding of the Court:
The court found that the stay of the election and the bank account operations had adversely affected the functioning of the trade union, leading to a shift in worker allegiance. The court also noted the deregistration of the union, which complicated the issue.
Issues: The issues included the validity of the order quashing the election, the impact of the stay on the trade union's activities, and the jurisdiction of the Labour Commissioner.
Ratio Decidendi: The court's decision was influenced by the interpretation of the Trade Union Act provisions, the adverse effects of the stay on the trade union, and the deregistration of the union.
Final Decision: The Interlocutory Application was dismissed, upholding the interim order and denying the recall of the stay.
1. Heard Mr. Rajiv Ranjan, learned senior counsel on behalf of respondent no. 2 in I.A. No. 9192 of 2017, Mr. Sumit Gadodia, learned counsel appearing on behalf of the appellant in L.P.A. No. 456 of 2017, Mr. Indrajit Sinha, learned counsel appearing on behalf of the appellant in L.P.A. No. 455 of 2017 which is connected with L.P.A. No. 456 of 2017, Mr. V.P. Singh, learned senior counsel appearing on behalf of the respondent no. 15 and Mr. L.C.N. Sahdeo, learned G.P. IV appearing on behalf of the respondent-State of Jharkhand.
2. This application has been preferred by the respondent no. 2 herein (petitioner no. 2 in the writ petition) by which a prayer has been made for recall of the order dated 11.09.2017 whereby and whereunder, the order dated 04.08.2017 passed in W.P. (C) No. 3322 of 2017 by the learned Single Judge has been stayed and certain other conditions have been incorporated in the order dated 11.09.2017 to which the respondent no. 2 is aggrieved.
3. The writ petition being W.P. (C) No. 3322 of 2017 was filed by the respondent nos. 1 and 2 (writ petitioner nos. 1 & 2) for quashment of the order dated 13.06.2017 passed by the Labour Commissioner cum Registrar, Trade Union, Government of Jharkhand as contained in Memo No. 2/T2-10-03/17 Shra. Ni. 1335 dated 13.06.2017 by which the application submitted by the respondent no. 10 to 14 herein was allowed and the objection submitted by the petitioner was rejected. The learned Single Judge in W.P. (C) No. 3322 of 2017 had quashed the order dated 13.06.2017 and had further given a direction to the Deputy Commissioner, East Singhbhum, Jamshedpur to get the election of the Union conducted afresh within 8 weeks by verifying the voters’ list and by calling for the intending candidates for filing their nomination papers and holding the election by secret ballot as well as to declare the result of the election according to law. The present appellants herein (respondent nos. 12 & 13 in the writ application) have challenged the order of the learned Single Judge in the present appeal. This Court vide order dated 11.09.2017 had granted an interim order of stay in favour of the appellants herein, the relevant portion of which reads as follows:
“6. We, therefore, stay the operation, implementation and execution of the order passed by learned Single Judge in W.P. (C) No. 3322 of 2017 order dated 04.08.2017, to the extent which it gave a direction to the Deputy Commissioner, Jamshedpur to be appointed as a Special Officer for holding fresh election of the Trade Union. This part of the judgment and order delivered by learned Single Judge is, hereby, stayed.
7. Neither these appellants nor the respondent Nos. 1 and 2 shall be Incharge of the Trade Union Office, nor, they shall operate the following bank accounts of the Trade Union:-
(i) Bank Account No. 3006342017 of Central Bank of India, Telco Branch.
(ii) Bank Account No. 0011564 of Bank of India, Telco Branch.
(iii) Bank Account No. 587501010050142 of Bank of India, Telco Branch.
8. These bank accounts shall not be operated by these appellants
9. This Letters Patent Appeal is Admitted.
10. Registry is directed to enlist this Letters Patent Appeal along with L.P.A. No. 455 of 2017 under the heading ‘For Hearing’ in the 2nd week of April, 2018.”
4. The respondent no. 2 herein had moved the Hon’ble Supreme Court in Special Leave to Appeal (C) No. 10797 of 2018 in which on 07.05.2018, the High Court was requested to hear the Interlocutory Application on 17.05.2018.
5. On 17.05.2018, the matter was placed before the Division Bench and since Hon’ble Amitabh K. Gupta, J had recused himself from hearing the matter, the same was assigned to another Division Bench which on 18.05.2018 had directed the listing of Interlocutory Application on 12.06.2018 before the appropriate Bench which had passed the interim order dated 11.09.2017. The matter was once again moved before the Hon’ble Supreme Court and vide order dated 18.05.2018 in view of urgency expres
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