Back
SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Vijay Bhushan Mishra, s/o Jagdish Mishra – Appellant
Versus
Amalesh Kumar, s/o Late Ram Chandra Ram – Respondent
ORDER :
Shree Chandrashekhar, J.
The order dated 13th June 2017 passed by the Labour Commissioner-cum-Registrar, Trade Union, Government of Jharkhand was challenged by Forty-nine persons in W.P(C) No. 3628 of 2017.
2. Two persons claiming similar rights as claimed by those Forty-nine persons and raising a similar plea approached this Court in W.P(C) No. 3322 of 2017.
3. They all questioned legality of the order dated 13th June 2017 by which the application by Fifteen persons claiming themselves newly elected office bearers of the Telco Workers' Union (in short, Union) in Form-B register was allowed and name of the aforesaid Fifty-one persons were deleted from the Executive Committee of Union.
4. Before the writ Court several arguments were advanced one of which was that the Registrar, Trade Union has no powers and jurisdiction to adjudicate dispute between two rival factions of the Union claiming themselves validly elected. It was further argued that the Labour Commissioner-cum-Registrar, Trade Union, Government of Jharkhand who is the respondent no.2 passed the order dated 13th June 2007 without affording an opportunity of hearing and supplying a copy of the enquiry report by the respo
The court established that the Registrar of Trade Unions cannot resolve internal disputes of a union and that aggrieved parties must seek civil court remedies.
The main legal point established in the judgment is the importance of ensuring representation of workmen in collective bargaining and protecting their fundamental rights under Article 19 (1) (c) of t....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
