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Kamla Ram & Another v. Regional Labour Commissioner & Others - WRIT - C No. 20764 of 2007 [2007] RD-AH 7768 (26 April 2007)


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Court No. 21.

Civil Misc. Writ Petition No. 20764 of 2007.

Kamla Ram and another                        ...                    Petitioners


Regional Labour Commisioner & Ors.  ...                    Respondents.

Hon. Sunil Ambwani, J.

Heard Sri S.M. Haider Zaidi  for the petitioners.  Notice on behalf of  respondents 1,2 & 3 has been accepted by the Additional Solicitor General of India, High Court, Allahabad.

The petitioner no. 1 Kamla Ram was elected as President of Samta Shramik Union ( a Union registered under the Trade Union Act) of the Central Ordinance Depot, Kanapur Nagar at Sl. No. 8895.   Sri Kamla Ram submitted Form-J under  the Rules made under Trade Unions Act, 1926, for registration.    The Form-J was registered recognizing the elections held in the year 2005 in which Sri Kamla Ram was elected as President and Sri Kaley Baba as Secretary.  The petitioner then alleged that Sri Kaley Baba resigned, and that Sri Sunil Tripathi was elected as a new Secretary on 19.8.2006.  A fresh Form-J was submitted to recognise the change in the list of the officer bearers of the Union.  The Additional Registrar, Trade Unions, U.P. and Additional Labour Commissioner, U.P., Kanpur Region, Kanpur rejected the change in the amendment notified on 20.8.2006, on the ground that out of 11  office bearers 10 denied that Sri Kaley Baba had resigned and supported him.  The nomination of Shri Sunil Tripathi as Secretary was not found to be  valid.  

Learned counsel for the petitioners has relied upon the judgments in North Eastern Railway Employees Union, Gorakhpur Vs. Deputy Labour Commissioner/Deputy Registrar Trade Unionsm Gorakhpur ( 2003 (96) FLR 296); Tata Workers Union Vs. State of Jharkhand ( 2002 (95) FLR 39) and Borosil Glass Workers Ltd. Employees Union Vs. D.D. Bambode (2001 (88) FLR 343), in submitting that if the party is aggrieved against the order of the Registrar of Trade Unions he has remedies to file a civil suit as the Registrar is not entitled to adjudicate on the rights of the rival parties.  The ratio of these judgments  is against the submission made by the petitioner. It is the petitioner who is alleging that Sri Kaley Baba had resigned and Sri Sunil Tripathi was nominated as


Secretary.   The change in registration was not accepted after an enquiry  conducted by the Registrar.  In case the petitioner is aggrieved, he may file a civil suit to establish his right to continue as President with Shri Sunil Tripathi as nominated Secretary, after the resignation of Shri Kale Baba is prove.

The writ petition is dismissed with the observations that the petitioner may avail his remedies before the Civil Court having jurisdiction to decide the matter.

Dt. 26.4.2007.



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