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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18197 of 2018

B & A Packaging India Ltd. Workers

Union, Balasore

..…….

Petitioner

Ms. Sarada Dash, Advocate

on behalf of Mr. Alok Kumar Panda, Advocate

Versus

1. State of Odisha

2. Registrar of Trade Unions-cum-

Labour Commissioner, Bhubaneswar

3. Addl. Registrar of Trade Unions-

cum-Deputy

Labour

Commissioner,

Jajpur Division, Jajpur Road, Jajpur

4. Asst. Labour Commissioner,

Balasore

..…….. Opposite Parties

Ms. S. Patnaik,

Additional Government Advocate

CORAM:

JUSTICE S. TALAPATRA

JUSTICE SAVITRI RATHO

ORDER

03.11.2022

Order No.

04.

1.

This matter is taken up through Hybrid Mode.

2.

Heard Ms. Sarada Dash, learned counsel appearing for the

petitioner on instruction of Mr. Alok Kumar Panda, learned counsel

appearing for the petitioner and Ms. S. Patnaik, learned Additional

Government Advocate appearing for the Opposite Party.

3.

By means of this writ petition, the petitioner, a union of

workers has challenged the order dated 09.10.2018 of the

Additional Registrar of Trade Unions-cum-Deputy Labour

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Commissioner, Jajpur Division, Jajpur Road, Jajpur, Annexure-3 to

the writ petition. By the said order, which has been communicated

to the petitioner, it has been observed that the petitioner does not

conform to the minimum membership criteria as stipulated under

Section 4 of the Trade Unions Act, 1926. It has been further

observed that the Executive Committee of the applicant-trade union

has not been constituted in accordance with the provisions of the

Trade Unions Act, 1926 as amended. But no specific reference to

deviation is available in the order.

4.

Ms. Sarada Dash, learned counsel has submitted that the

petitioner has complied all the requirements of Section 4 of the

Trade Unions Act, 1926 which stipulates that any seven or more

members of a Trade Union may, by subscribing their names to the

rules of the Trade Union and by otherwise complying with the

provisions of this Act with respect to registration, apply for

registration of the Trade Union under the said Act, provided that no

Trade Union of workmen shall be registered unless at least ten per

cent or one hundred of the workmen, whichever is less, engaged or

employed in the establishment or industry with which it is

connected are the members of such Trade Union on the date of

making of application for registration. It has been further provided

that no Trade Union of workmen shall be registered unless it has on

the date of making application not less than seven persons as its

members, who are workmen engaged or employed in the

establishment or industry with which it is connected.

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5.

According to Ms. Sarada Dash, learned counsel, the

application was made in terms of these decisions with a catalogue

of 68 workmen who are the members of the said union (Annexure-1

to the writ petition).

6.

We have perused the documents those have been filed for

purpose of the registration of the petitioner as a Trade Union. The

petitioner has enclosed the enquiry report dated 31.07.2018 under

Annexure-1 to the writ petition, submitted by the District Labour

Officer, Balasore. From the said report dated 31.07.2018, it appears

that the District Labour Officer, Balasore has observed as follows:-

“It is ascertained during verification/enquiry that the

records/registers are found in order and the applicant

members are individually interrogated regarding their

willingly and voluntarily subscription of their names for

the applicant trade union. As stated by the General

Secretary the applicant members are/were not the

members of any other trade union and are eligible to form

a Trade Union as per the provision