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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
G.G. Sohani and R.K. Vijayvargiya, JJ.
Rajya Parivahan Karmachari Mahasangh, Ujjain and another
Vs.
State of M. P. and others
M. P. No. 466 of 1982
Decided On: 23.11.1982
(2) Industrial Relations Act, 1960 - Ss. 2(23) and 13-local area altered-Union recognised for local area before alteration-the Union ceases to function for the altered area.
As a result of alteration in any local area, a union recognized as the representative union for a local area before its alteration, would cease to be a representative union, because the local area for which it was recognized as the representative union has ceased to be in existence. Till such Union is granted recognition as a representative union for the altered local area, it ceases to function as the representative union in pursuance of the certificate of recognition granted to it for a local are a which has ceased to exist. Such a situation would undoubtedly create a void in the field till another union is recognized as a representative Union for the altered area but it is for the legislature to make necessary provisions to remedy this situation. [Para 9
(3) Industrial Relations Rules, 1961 (M P) - R. l3 - enquiry under-is quasi-judicial-notice how to be served-enquiry how to be made.
Rule 13 does not contemplate piece meal enquiry by issuing notices to different undertakings in the State at intervals. [Para 11
"Rule 13 requires the Registrar to cause a notice to be put up on the premises of all the undertakings in the industry of the local area at conspicuous places, inviting objections, if any, to the application made by a union for recognition as a representative union. The rule further provides that if objections are received, then the Registrar has to hear objections and the claim of the applicant union on a date, time and place fixed by him and after hearing the parties, the Registrar has to decide the question of recognition of the applicant union as a representative union. [Para 10
The enquiry contemplated by the Act and the rules is quasi-judicial and till final orders are passed actual or constructive notice of the date, time and place of the first and the adjourned hearings had to be given to all the parties, so that any party could have appeared in the proceedings, if it so desired, till the matter was finally decided by the Registrar. Intimation of the date, time and place of the first and the adjournment hearings to the parties, who have put in appearance, is an essential requisite of any judicial or quasi-judicial enquiry to be made, so that such enquiry would be in conformity with the principles of natural justice. [Para 11
(4) Industrial Relations Act, 1960 (MP) - S. 5 - words 'any other person' in the section- import of-a person holding post of Deputy Labour Commissioner appointed registrar-holds the post of Registrar till he holds the office of Deputy Labour Commissioner-such person retired and re-appointed us Deputy Labour Commissioner-has no jurisdiction to pass orders in the capacity of the Registrar of Representative Unions after re-appointment. AIR 1981 SC 1473 distinguished. [Para 17
Sohani, J.
This is a petition under Articles 226 and 227 of the Constitution of India.
The material facts giving rise to this petition briefly are as follows :-
Petitioner No. 1 is a Trade Union of employees employed in the Public Motor Transport Industry and is registered under the Trade Unions Act, 1926. Petitioner No. 2 is a Trade Union worker working at Ujjain. Section 13(1) of the M. P. Industrial Relations Act, 1961 (hereinafter referred to as the Act), provides for recognition of a Union as a Representative Union in respect of any industry in a local area. Prior to the coming into force of the Amending Act No. 56 of 1976, "Local Area" was defined by section 2 (23) of the Act to mean any area notified as a local area for any industry and the State Government had notified the area comprised in each of the revenue districts of the State as a local area for the Public Motor Transport Industry. Petitioner No. 1 was recognised as a representative union for the local area comprising the revenue district of Ujjain. There were six other recognised representative unions for the local areas comprising the revenue districts of Gwalior, Morena, Shivpuri, Rewa, Dhar. Balaghat and Jabalpur. Respondent No. 3 was recognised as a representative union for the local areas comprising revenue districts of Balaghat and Jabalpur. By the amending Act No. 56 of 1976, section 2 (23) of the M. P. Industrial Relations Act, which defines "local area", was amended as follows :-
2 (23) "Local area" means any area notified as a local area for any or all industries and for all or any of the purposes of this Act:
Provided that such area shall not comprise of more than one revenue district. Provided further that such area may, for reasons to be recorded in writing comprise of more than one revenue district including the entire state.
Thereafter, the entire State was designated as a local area for the Public Motor Transport Industry, vide notification dated 19th September, 1980, issued by the State Government and published in the M. P. Government Gazette dated 17th October, 1980. Respondent No. 2, who was at the material time appointed as a Registrar of Representative Unions under section 5 of the Act, wrote a letter dated 10th November 1980 to petitioner No. 1 informing it that in view of the aforesaid notification, petitioner No. 1 had ceased to be the Representative Union and called upon petitioner No. 1 to return the certificate of Recognition granted to it under section 13 (2) of the Act as a Representative Union. Petitioner No. 1 returned the certificate on 17th December, 1980 but represented that it had a right to function as a representative Union till some other union was recognised as a representative union for the entire State. Petitioner No. 1 also demanded, by its letter dated 13th November 1981, the return of the certificate after incorporating the change in its name effected by resolution dated 30th July 1981. On 11th December 1981, respondent No. 2 incorporated the change in the name of petitioner No. 1 as desired, and returned the certificate of recognition as a representative union to petitioner No. I. In the meanwhile, respondent No. 3 had submitted an application under section 13 (1) of the Act for recognition as a representative Union for the entire State, which was the local area for the Public Motor Transport Industry by virtue of the notification dated 19th September, 1980. As required by rule 13 (1) of the M. P. Industrial Relations Rules, 1961 (hereinafter referred to as the Rules), a notice was put up at the notice board of the Head Office of M. P. Road Transport Corporation at Bhopal and Luckey Bharat Garage, Raipur, and 2nd June 1981 and 16th August 1981 respectively inviting objections to the recognition of the respondent No. 3 as a representative union. Petitioner No. 1 filed objections. On behalf of the petitioner No. 1 it was urged by the petitioner No. 2 that notices, as required by rule 13 (1) of the Rules were not put
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