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2001 (6) TMI 826

..... s: (a) A writ or writs in the nature of mandamus commanding the respondents No. 3 to settle the dispute regarding intra union rivalry of the petitioner-union. (b) A writ in the nature of the mandamus commanding the respondent to allow the petitioner to function whatsoever. (c) A writ or writs in the nature of mandamus commanding the respondent No. 3 to consider the repeated representations of the petitioner-union. (d) An interim order of restraining the rival committee to function in the name of the petitioner union namely the Ananda Bazar Patrika Hindustan Standard and Desh Employees and Workers Union. (e) A writ or writs in the nature of certiorari calling upon the respondent No. 3 to transmit the entire records before this Hon'ble Co .....

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..... notices whereof have been communicated. Though it is alleged that some of the members were not given opportunities and were not permitted to take part in the election but no particulars having been disclosed, the same cannot be gone into. 5. M. Majumdar, learned counsel appearing for the union submits that the union having not been made parties, the writ petition cannot be maintained. He contended further that relevant facts have not been disclosed, in the facts and circumstances of the case the registrar of trade union has no Jurisdiction to entertain such representation nor it has jurisdiction to adjudicate the dispute in law. But since his client is not a party to the proceedings, therefore, he is not permitted to intervene. 6. After hav .....

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..... es no such representation is maintainable. It may, on its behalf, also be contended that the Registrar has no jurisdiction not only to entertain the alleged representation but also to adjudicate the alleged dispute, in the facts and circumstances of the case. That apart injunction against the rivals of the petitioners is one of the prayer in the petition and the pleading contains allegations against such rivals. In effect the relief is sought against those rivals who have since been declared elected. More precisely it is really an election dispute which is being sought to be resolved through such representation. Thus in the absence of the alleged rivals this writ petition is hit by the principals of audi alteram partem, a cardinal well-esta .....

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..... relating to a trade union, at its registered office or may require their production at such place as he may specify, in this behalf, but no such place snail be at a distance of more than ten miles from the registered office of a trade union. 10. Sub-section (4) empowers the Registrar or its authorized officer to examine the documents referred to in Sub-secs. (1), (2) and (3). It is an administrative power. We may now examine the same in the context of this case which relates to Sub-sec. (2). In the present case the changes of the office bearers which is being disputed by the petitioners. Now in order to ascertain that there has been changes the Registrar may examine the same. This is required only when the Registrar may have reason to form .....

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..... on or otherwise if disputed: One claiming to have been elected and other claiming that such election has not been duly held, is a determining of specific dispute which has never been contemplated by the Legislature while incorporating Sub-sec. (4). 12. In North Eastern Railway Mazdoor Union v. Registrar of Trade union [1969 L.&I.C 209], was held that the duty of the Registrar in recording changes of office-bearers is only administrative. It has no quasi-judicial power of enquiry in respect of the claims of rival groups in trade unions. In Jagdish Bharati v. Union of India [1969 L.&I.C 205], it was held that in case of Rival Group of Trade Unions filling conflicting forms under regulation 17-A of Uttar Pradesh Trade Union Regulations .....

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..... e registration of alterations received under S. 28(3). 13. Thus it is crystal clear that S. 28 does not empower the Registrar to adjudicate any dispute between rival groups in relation of the election of office-bearers. The plain reading of Sub-sec. (4) makes it clear that the provision thereof is administrative in nature. It may examine or inspect the documents and may require its production only for the purpose mentioned in Sub-secs. (1), (2) and (3) of S. 28. Sub-section (4) has no manner of independent application other than those provided in Sub-secs. (1), (2) and (3). Sub-section (1) relates to the statement of accounts while Sub-sec. (2) is related to change of office-bearers, Sub-section (3) deals with alteration made in the rules, .....

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