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2025 Supreme(Telangana) 2005

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Nagesh Bheemapaka, J.
BHEL Workers Union, Affiliated to AITUC, Rep. by its President SDV Krishnam Raju - Petitioner
Versus
The State of Telangana Rep. by its Principal Secretary, Labour Department, & others - Respondents
Writ Petition No. 23803 of 2025
Decided On : 19-12-2025

Advocates:
Advocate Appeared:
For the Appellant : B Shiva Kumar
For the Respondent: GP For Labour

The Registrar of Trade Unions cannot withdraw previously issued administrative decisions once acted upon without clear statutory authority, especially when such actions violate principles of natural justice.

Headnote:(A) Trade Unions Act, 1926 - Withdrawal of proceedings - The BHEL Workers Union was declared the Majority Union after a fair election. The Deputy Commissioner of Labour issued proceedings acknowledging this and requesting recognition of the union. Respondents later withdrew these proceedings upon a rival's representation, which was challenged by the petitioner due to lack of jurisdiction and violation of natural justice principles. (Paras 1, 10, 12, 14)

(B) Jurisdiction of Trade Union Authorities - The Registrar of Trade Unions has no power to resolve disputes regarding elections and legitimacy within unions; such matters are for civil courts. (Paras 2, 10)

Facts of the case:
The petitioner claims unlawful withdrawal of proceedings recognizing their election as Majority Union by the Deputy Commissioner of Labour due to alleged rival actions of Respondent No.5. The petitioner acted based on these proceedings, withdrawing previous legal actions. (Paras 1.5, 1.6)

Findings of Court:
The impugned withdrawal of recognition and trade union facilities was held unlawful for lack of jurisdiction and failure to adhere to principles of natural justice, thereby requiring reinstatement of earlier proceedings recognizing the union. (Paras 14, 15)

Issues: Whether the authority had the power to withdraw its own administrative proceedings once acted upon and the legality of actions taken based on such withdrawals concerning trade union facilities. (Para 10)

Ratio Decidendi: The court determined that an administrative authority, having acted on its previous decision, cannot withdraw it without statutory power, especially when it results in adverse civil consequences. Non-notification and failure to provide a hearing violated natural justice principles. (Paras 10, 12)

Result: The impugned communications and actions were set aside, directing reinstatement of trade union facilities as per earlier proceedings. (Para 15)

Table of Content
1. recognition of union and election process (Para 1)
2. limitations of registrar's powers under the trade unions act (Para 2 , 3)
3. internal disputes within trade unions and legal remedies (Para 4)
4. challenge to the legality of administrative actions and withdrawal of rights (Para 5)
5. judicial review of administrative actions based on lack of jurisdiction (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
6. ruling on trade union facilities and jurisdictional matters (Para 15 , 16)

ORDER :

Nagesh Bheemapaka, J.

Petitioner - BHEL Workers Union is affiliated to the All India Trade Union Congress (AITUC), a recognized central trade union organization. It is stated, the said Union participated in the Trade Union verification elections conducted by the Deputy Chief Labour Commissioner (Central), Hyderabad on 12.08 2023, along with other trade unions operating in the establishment. Upon conclusion of the said verification process, the BHEL Workers Union (AITUC) secured the highest number of votes and was accordingly, declared as the Majority Union. Consequently, the Management of Bharat Heavy Electricals Limited acknowledged the status of Petitioner Union as the recognised union and addressed a letter to Petitioner congratulating him in his capacity as the President of the Union, thereby acknowledging both the outcome of the verification elections and the leadership of Petitioner.

1.1. Petitioner further states that after the declaration of the Union as the Majority Union, it became necessary, in accordance with established trade union practice, to elect new office bearers to administer the affairs of the Union for the ensuing period. In this regard, steps were initiated to convene the Annual General Body Meeting of the Union. The AITUC State President was requested to act as the Election Officer, and he accordingly, agreed to preside over the General Body Meeting and conduct the election process in a fair and transparent manner. The Annual General Body Meeting was thus convened and held on 11.07.2024 under the supervision of the said Election Officer.

1.2. According to Petitioner, out of a total membership strength of 354 AITUC members, as many as 273 attended the said General Body Meeting. The Election Officer called for nominations for each office, and that for every post, only one nomination was received. Consequently, all the nominated candidates were declared elected unopposed. Petitioner was unanimously elected as President. It is further stated that the entire proceedings of the General Body Meeting, including election process, were videographed, that representatives of leading newspapers were present, and that the election results were widely reported in the print media. Petitioner asserts that due intimation of the conduct of the General Body Meeting and the election of office bearers was furnished to the Management as well as to the concerned Labour Authorities.

1.3. Petitioner alleges that Respondent No.5, despite being fully aware of the convening of the General Body Meeting and the election process, deliberately chose not to attend the said meeting. It is contended that subsequent thereto, Respondent No.5 submitted false, misleading and fabricated representations to the authorities and the body. According to Petitioner, despite the transparent and duly conducted election Management, questioning the legitimacy of the General Body Meeting and the elected process, the Labour Authorities and the Management failed to take timely steps to recognise the elected body. Aggrieved by such inaction, Petitioner states that he was constrained to file Writ Petition No. 23916 of 2024, wherein this Court directed the authority concerned to verify the list of members who attended the General Body Meeting conducted on 11.07.2024 and to recognise the elected body in accordance with law. Petitioner asserts that despite subsistence of the said interim order, the directions of this Court were not implemented, compelling him to initiate con

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