TMI Blog2001 (6) TMI 826X X X X Extracts X X X X X X X X Extracts X X X X ..... . (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 Court so that after perusal of the same conscionable justice may be administered. (f) A direction and/or directions refraining the concerned respondents from encouraging intra union rivalry in any manner whatsoever. (g) Rule nisi in terms of prayers (a), (b), (c), (d), (e) and (f). (h) Ad interim orders in terms of prayers (a), (b), (c), (d) and (f). (i) Cost pertaining to the instant application. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 having heard the learned counsel for the parties, it appears that there is an existence of a rivalry and this relates to intra union rivalry, as it appears from the prayer itself. Injunction has also been prayed against the rival union. Therefore, this petition cannot be maintained without the rivals against whom the real relief is being sought to be achieved. By reaso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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-established settled principle of jurisprudence which needs no more elaboration. 8. Then again it appears that there was an earlier order passed by this Court directing election of the union. It is pointed out that such election was held after issuing a notice, dated 17 March, 1998, and these facts having not been disclosed, it is contended by Sri Mukherjee that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 an opinion that it is necessary. But it is only to ascertain that the statements submitted are supported by documents. Section 28 relates to Returns by the Trade Unions. Therefore Sub-sec. (4) has to be construed in the context of S. 28. It cannot travel beyond the scheme of S. 28. Every provision of the statute has to be interpreted having rega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, the registrar has no powers to hold a quasi-judicial enquiry, S. 28(2) empowers the Registrar only to receive the statement. It is only to ascertain whether it is in order or not the records will be examined, but not for the purpose of invalidity thereof. In Sanjeeva Reddy v. Registrar of Trade Unions [1969-I L.L.J 11], it was held that Registrar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect 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, Neither of these three sub-sections are related to election dispute. 14. A section is to be read in the context in which it is incorporated and according to scheme of the statute. Section 28 deals with Returns. Therefore, Sub-sec. (4) cannot surpass or exceed the scope and ambit contemplated under Sub-secs. (1), (2) and (3), none of which d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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