JUDGMENT :

(Through: Video Conferencing)

In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 a.m. onwards. They have no complaint in respect to the audio and video clarity and quality.

2. The petitioner has approached this Court for quashing of the order dated 28.06.2019 whereby respondent No.2, the Registrar, Trade Union has refused to register the name of the petitioner and his group as Office Bearers and Executive Committee members in Form ‘B’ register. Petitioner has further prayed for direction upon the respondent No.2 to register the name of the petitioner and his group as Office Bearers and Executive Committee Members in Form ‘B’ Register.

Factual Matrix:

3. The factual exposition, as has been delineated in the writ petition is that the Timken India Limited is engaged in manufacturing of tapered roller bearing situated at Jamshedpur. Its workmen have formed a Union namely “Timken Worker’s Union”, with whom wages and other terms and conditions of services are discussed. It is the case of the petitioner that election of Timken Worker’s Union was held on 12.10.2018. However, when the Office bearers elected in the election held on 12.10.2018 failed to meet the demands of the workers for revision of wages in spite of 40-50 meetings with the management, a consensus was reached among the requisite number of members to bring a no confidence motion against the elected office bearers. It is further stated that as per Article IX of the Constitution and Rules of the Timken Worker’s Union, 1/3rd of the total numbers of members of the Union can demand for holding a meeting with a clear agenda. In the instant case more than 1/3rd of total numbers of members i.e. 84 members of the Worker’s Union vide letter dated 15.03.2019, informed the General Secretary, Timken Worker’s Union about the long pending issue of revision of wages and demanded to call for a General Body Meeting of the members, for moving no confidence motion against the executive committee and to conduct fresh election of Executive Committee. It is further submitted that inspite of the said letter, the General Secretary of the Union did not called General Body Meeting. Therefore, the petitioner and his group vide notice dated 16.04.2019 called a General Body Meeting on 01.05.2019 with clear agenda of moving no confidence motion and election of new executive Committee. The meeting held on 01.05.2019 was attended by 136 members of Union and new office bearers and executive committee members were elected. In view of no confidence motion and election of the petitioner and his associates as new office bearers of the Trade Union, an application dated 20.05.2019 was made to the Registrar, Trade Unions for entering their names in the Form ‘B’ register. It is further case of the petitioner that the names of the Office bearers elected in the earlier election held on 12.10.2018 were not entered in Form ‘B’ by the Registrar, Trade Unions by that time. On receipt of application from the petitioner, the Registrar, Trade Union directed the Deputy Labour Commissioner to conduct an enquiry and submit report in response to which, the Deputy Labour Commissioner conducted the enquiry but in a perfunctory manner and without jurisdiction and submitted his report on 24.06.2019. On receipt of the said report, the respondent No. 2, Registrar, Trade Union passed order dated 28.06.2019, refusing to register the names of petitioner and his associates as Office Bearers and Executive Committee Members in Form ‘B’ Register on the ground that petitioner and his group does not have the required qurom of members for registration and further, the election was not conducted through secret ballot which was an essential condition as per the Constitution of Timken Worker’s Union.

Aggrieved by the refusal of the Registrar, Trade Union to register the