By the Court.—Heard Shri Gajendra Pratap, learned Senior Advocate assisted by Shri Yogesh Kumar Sinha, learned counsel for petitioners and learned Standing Counsel.

2. This writ petition has arisen from order dated 19.12.2015 passed by Deputy Registrar, Trade Union, Kanpur directing both parties to avail remedy before Civil Court since there is rival dispute in respect to Office Bearers, to run Trade Union.

3. Shri Gajendra Pratap contended that substantial right of parties, as has been set up, may be got settled by authority by instituting Civil Suit, but to the extent that Trade Union may function properly, Registrar/Deputy Registrar ought to have exercised administrative power by recognizing either of parties to function as Office Bearers to run Trade Union, hence functioning of Trade Union may not obstruct. He placed reliance on Iffco Phulpur Karmchari Sangh v. Registrar Trade Union and others, 1991 (63) FLR 823.

4. In order to consider aforesaid submission, we may have a glance over relevant facts necessary to understand controversy, for effective adjudication of issue raised in this writ petition.

5. Bhartiya Khadya Nigam Shramik Sangthan, Kanpur is a Trade Union registered with Registrar, Trade Union, U.P., Kanpur and was registered under provisions of Trade Unions Act, 1926 (hereinafter referred to as ‘Act 1926’) vide registration certificate dated 16.10.1996. Aforesaid Union has its members/workers of Food Corporation of India (hereinafter referred to as ‘FCI’). Union is to be administered through Working Committee/Managing Committee elected by members. Tenure of such elected body is two years as per constitution of Union. Clause 37 provides that earlier Working Committee/Office Bearers shall continue till the date of election of new committee. There is no provision in the constitution of Union to deal with a situation where election of Office Bearers/Working Committee is subjected to any dispute. There is nothing to meet a situation when such a dispute arises, as to how and in what manner Union will be administered, if by next date of election undisputed Office Bearers/Working Committee is not available.

6. It is said that in 2013 election was held on 28.4.2013 and information about new Office Bearers was conveyed to Registrar. New election ought to have been held between March-April, 2015 but earlier Working Committee did not take steps to hold the same. Consequently, executive meeting was convened on 12.7.2015 and it was resolved to hold election on 4.8.2015. Election held on 9.8.2015 resulted in return of Paras Nath as President. In aforesaid election 1440 members participated out of 4880 and Sraddhanand Paswan was elected as Secretary. Record of elections and names of new Office Bearers was communicated to Registrar on 11.8.2015.

7. Respondent -5 set up a claim of different election held on 25.4.2015 returning respondent-5 as President and Tarni Kumar Paswan as Secretary. Petitioner - 3 disputed election set up by respondent-5 whereafter respondent-2 has passed impugned order dated 9.12.2015 holding that dispute between rival claimants of election of Trade Union cannot be adjudicated by Registrar/Deputy Registrar, since Act 1926 or bye laws/constitution of Trade Union confers no such power upon it and parties should have their dispute resolved through a competent Court of law.

8. Chapter 2 of Act 1926 talks of procedure of registration of Union and if there is any dispute with regard to registration, statutory appeal is provided under Section 11.

9. Learned counsel for petitioner could not show any provision under Act 1926, which may confer any power upon Registrar, to settle membership dispute or where rival claim of two Working Committees is set up, to recognize either of two or to adjudicate such a dispute.

10. Section 28 only requires Trade Union, registered with Registrar, to send statement of changes of Office Bearers made by Trade Union. No judicial or quasi judicial power or otherwise adjudicatory