2008 LAB. I. C. 840 ::(2008) 3 MPLJ 30 ::(2008) 5 MPHT 28

Madhya Pradesh High Court

Hon'ble Judge(s): Dipak Misra, R. K. Gupta , JJ

( A ) Constitution of India Art. 226 — Locus standi — Election of Trade Union — Intervention or interdiction — Aggrieved person, a member of union — Has locus standi to invoke jurisdiction under Art. 226 against it. (Paras12)

( B ) Constitution of India Art. 226 — Suppression of material facts — Election of trade union — Alleged interference by Registrar by granting stay — Petitioner raised pure question of law while narrating facts — Other ancillary facts which have no relevance, not stated — No suppression of material facts — No exception could have been to the same while adjudicating writ petition. (Paras13)

( C ) Trade Union Act (16 of 1926) S. 28 -J ( M.P.) — Election of trade union — Dispute — Registrar trade union has no jurisdiction to entertain the same — Grant of stay relating to election by him — Is transgression of authority.In the instant case the dispute is with regard to the office bearers of trade union. The same is within the ambit and sweep of S.28-J. None of the provisions of the Act empowers the Registrar, Trade Unions to deal with an election dispute. The power conferred on him pertains to registration of Trade Unions, issue of certificate and cancellation of such a certificate. The moment, a cavil is raised or controversy is put forth with regard to the status of office bearers the Registrar may refer the dispute or the office bearers can raise a dispute before the Industrial Court, whose decision is final. Power of the civil Court has been ousted. The same would be subject to judicial review of High Court. (Paras20)The Registrar of Trade Unions, has not been conferred any power whatsoever to deal with the election disputes. The power conferred is absolutely limited and restricted and relates to a different field. He could not have assumed any jurisdiction to entertain the lis when the lis is not entertainable. The question of passing any ancillary order does not arise when final relief cannot be granted by the authority concerned. The Registrar, Trade Unions therefore could not have encroached upon an area....