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2010 Supreme(All) 2126

F. I. REBELLO, A. P. SAHI
ROADWAYS MAZDOOR SABHA, UTTAR PRADESH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
T.P. Singh and Narendra Singh for the Appellants; K.P. Agrawal and Miss Bushra Maryam, C.S.C. for the Respondents.

JUDGMENT

Hon’ble F.I. Rebello, C.J.—This is a special appeal by the Union - Roadways Mazdoor Sabha, Uttar Pradesh (appellant No. 1) and another, who claims to be the State President of the said Union. The respondent Nos. 5 and 6 herein also claim to be the office bearers of appellant No. 1. There, thus, appears to be a dispute in respect of who are the office bearers of the appellant No. 1. The appellants herein, who were the original petitioners, had approached the learned Single Judge to impugn the order dated 25.1.2010. By that order, the Registrar of the Trade Unions had directed the two rival factions, both claiming to be the office bearers of appellant No. 1, to hold fresh elections. It is the grievance of the appellants that the Registrar had no jurisdiction under the provisions of the Trade Unions Act, 1926 (hereinafter referred to as the ‘Act’) and the Regulations framed thereunder in the State of Uttar Pradesh.

2. A few facts may be set out, which would be relevant for considering the issues which arise in the present appeal.

The appellant No. 2 contends that he was the President duly elected at a meeting of members held on 29.12.2008. After holding of elections, the list

































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