Karmchari Sangh H.A.L. and Another vs The Registrar, Trade Union and Others

Rajesh Dayal Khare, J.—Heard learned Counsel for the Petitioner, learned Standing Counsel, who has accepted notice on behalf of the Respondent Nos. 1 and 2.

The present Writ Petition has been filed for a Writ of Certiorari for quashing the order dated 15/16.09.2009 passed by the Assistant Registrar, Trade Union, Kanpur Region, Kanpur, whereby it has been held that dispute with regard to the Trade Union can not be decided by him and the matter is to be adjudicated by the competent Civil Court.

Learned Counsel for the Petitioner has stated that the order impugned can not be sustained in view of the order, which was passed by this Court in Civil Misc. Writ Petition No. 1435 of 1998 in the matter of Karamchari Sangh Hindustan Aeronatutics Kanpur Division, Kanpur and Anr. v. Registrar, Trade Union, U.P. Kanpur and others, copy of which has been filed as Annexure-3 to the accompanying Writ Petition.

Perusal of the said order shows that controversy involved in the aforesaid case was with regard to the recording of the names of the officer bearers of the Trade Union on the Register maintained by the Registrar Trade Union and grievance as raised in the said petition was in the year 1995, the Registrar, Trade Unions accepted Form J submitted by the outgoing office bearers and recorded the name of the Petitioners as office bearers. Thereafter on some representation being made to the Minister concerned, who directed the Registrar to make an enquiry pursuant to which the Registrar recalled his earlier order, which was passed in the year 1995, which order was challenged on two grounds. Firstly, on the ground that although the order of the Registrar was administrative order and before recalling of the same, the Petitioner should have been given notice and secondly, on the ground that it was passed under the dictates of the Minister. In the said background, this Court directed the parties to place all the membership register etc. before the Registrar, Trade Unions, who was directed to scrutinize the same and finalize list of members and hold elections.

However, learned Standing Counsel has contended that it is well settled principles of law that when two rival claims are set up by two Trade Unions, the said finding can not be gone into by the Registrar, Trade Unions and appropriate remedy in such matter would be to file Civil Suit as has been held in the matter of of National Union of O.N.G.C. Employee and Ors. v. Dy. Labour Commissioner, Dy. Registrar Trade Union and others passed in Writ No. 4745/1994 (All.H.C.) vide judgment dated 22.02.1994 and he has also referred to the judgment in the matter of Singh R.N. and Another Vs. State of Bihar and Others, .

After hearing learned Counsel for the Petitioner, learned Standing Counsl and after perusing the order impugned as well as the averments made in the present Writ Petition, this Court is of the opinion that the finding of facts as raised in the present Petition can not be gone into in writ jurisdiction under Article 226 of the Constitution. The appropriate remedy for the Petitioner is to approach the Civil Court of competent jurisdiction, if so advised.

With the aforesaid direction, present Writ Petition is disposed of. No order as to costs.