IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (L) No.3755 of 2019

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Vijay Kumar, aged about 48 years, Son of Ram Chandra Rawat, General

Secretary, Timken Worker9s Union, Resident of Quarter 53/2/2, Housing Colony,

P.O. Chhota Govindpur, P.S. Govindpur, Jamshedpur, Dist. East Singhbhum

(Jharkhand).

…

…

…Petitioner

-Versus-

1. The State of Jharkhand through Secretary, Department of Labour,

Employment and Training, Nepal House, Doranda, P.O. Doranda, P.S.

Doranda, Dist. Ranchi.

2. The Registrar, Trade Union, P.O. Doranda, P.S. Doranda, District-Ranchi.

3. Deputy Labour Commissioner, Jamshedpur, in front of Adivasi Association,

P.O. Sitaramdera, P.S. Sitaramdera, Jamshedpur, District East Singhbhum,

Jharkhand.

4. Timken Worker9s Union through its General Secretary, Timken India Limited,

P.O. Agrico, P.S. Sidgora, Jamshedpur, District-East Singhbhum, Jharkhand.

…

…

…Respondents

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CORAM

:THE HON’BLE MR. JUSTICE DR. S.N.PATHAK

(Through: Video Conferencing)

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For the petitioner

: Mr. Indrajit Sinha, Advocate

Mr. Ankit Vishal, Advocate.

For the Resp. Nos. 1 to 3

: Mr. Om Prakash Tiwary, G.P.-III

For the Resp. No. 4

: Mr. Anil Kumar Sr. Advocate.

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06/02.09.2020

In view of outbreak of COVID-19 pandemic, case has been taken up

through Video Conferencing. Concerned lawyers have no objection with regard

to the proceeding, which has been held through Video Conferencing today at

10:30 a.m. onwards. They have no complaint in respect to the audio and video

clarity and quality.

2.

The petitioner has approached this Court for quashing of the order dated

28.06.2019 whereby respondent No.2, the Registrar, Trade Union has refused to

register the name of the petitioner and his group as Office Bearers and Executive

Committee members in Form 8B9 register. Petitioner has further prayed for

direction upon the respondent No.2 to register the name of the petitioner and his

group as Office Bearers and Executive Committee Members in Form 8B9

Register.

Factual Matrix:

3.

The factual exposition, as has been delineated in the writ petition is that

the Timken India Limited is engaged in manufacturing of tapered roller bearing

situated at Jamshedpur. Its workmen have formed a Union namely <Timken

Worker’s Union=, with whom wages and other terms and conditions of services

2

are discussed. It is the case of the petitioner that election of Timken Worker9s

Union was held on 12.10.2018. However, when the Office bearers elected in the

election held on 12.10.2018 failed to meet the demands of the workers for

revision of wages in spite of 40-50 meetings with the management, a consensus

was reached among the requisite number of members to bring a no confidence

motion against the elected office bearers. It is further stated that as per Article IX

of the Constitution and Rules of the Timken Worker9s Union, 1/3^rd of the total

numbers of members of the Union can demand for holding a meeting with a

clear agenda. In the instant case more than 1/3^rd of total numbers of members i.e.

84 members of the Worker9s Union vide letter dated 15.03.2019, informed the

General Secretary, Timken Worker9s Union about the long pending issue of

revision of wages and demanded to call for a General Body Meeting of the

members, for moving no confidence motion against the executive committee and

to conduct fresh election of Executive Committee. It is further submitted that

inspite of the said letter, the General Secretary of the Union did not called

General Body Meeting. Therefore, the petitioner and his group vide notice dated

16.04.2019 called a General Body Meeting on 01.05.2019 with clear agenda of

moving no confidence motion and election of new executive Committee. The

meeting held on 01.05.2019 was attended by 136 members of Union and new

office bearers and executive committee members were elected. In view o