Bombay High Court
Koyla Shramik Sabha, Nagpur Through ... vs Umashankar S/O Gupteshwarprasad Singh ... on 5 February, 2018
Author: Z.A. Haq
Bench: Z.A. Haq
Judgment 1 wp556.2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 556/2018
PETITIONERS : 1] Koyla Shramik Sabha, Regd. No.
NGP/977, having its Office at Kharabe
Building, 5 New Cotton Market, Ghat
Road, Nagpur, through its President
Shiv Kumar Babulal Yadav
2] Shivkumar S/o Babulal Yadav, Aged
about 42 years, Occ. President of KSS,
Resident of Jabalpur-Nagpur Road,
Kandri, Kanhan, Nagpur
3] Shri Rajeshwar Dashrath Karne, Aged
about 53 years, Occ. Service, R/o Area
Hospital, Mohan Ambada Colliery,
Tahsil Junardeo, District Chindwara
(M.P.)
...V E R S U S...
RESPONDENTS : 1] Umashankar S/o Gupteshwar Singh,
Aged about 56 years, Occ. Service, R/o
301, Rajat Classic, Bhupesh Nagar,
Borgaon Chowk, Nagpur
2] Kisan Mangal Ghubde, Aged Major,
Occ. Service, Resident of WCL Colony,
Bhagatsingh Ward, Ballarpur, District
Chandrapur
3] Dashrath S/o Janbaji Khandre, Aged
Major, Occ. Service, Resident of
Mahakali Ward, Opp. Mahakali
Mandir, Chandrapur
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4] Western Coalfields Limited, Coal
Estate, Seminary Hills, Civil Lines,
Nagpur, through its Chairman cum
Managing Director
5] The Member, Industrial Court,
Temple Road, Civil Lines, Nagpur
6] The Deputy Registrar, Trade Unions,
Nagpur, Office of the Additional
Commissioner of Labour, 4th Floor,
New Administrative Building No. 2,
Civil Lines, Nagpur-01
7] Jainarayan Pande, Aged about 55
years, Occ. Business, R/o Tilak Nagar,
Wani, District Yavatmal
8] Rajkumar Parasar, Aged about 67
years, Occ. Retired, R/o Dumaria No.
4, Tah. Junardeo, District Chhindwara,
M.P.
9] Shri Allaudin Khan, Aged about 55
years, Occ. Service, R/o PTC Road,
Near Madina Masjid, Post Parasiya,
Dist. Chindwara, M.P.
10]Shri Birendra Mishra, Aged about 59
years, Occ. Service, R/o B-31,
Urjagram, WCL Colony, Tadali
Chandrapur
11]Rajput Chauhan (reported to be died
on 19/01/2017)
12]Shri Sunil Pali, Aged 43 years,
Occ. Service, R/o Tekari Township,
WCL Colony, Tahsil Parseoni, Nagpur
13]Shri Baldeo Singh, Aged about 56
years, Occ. Service, R/o Mines
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Quarter, WCL, Indira Nagar, Colony,
Ghugus, Chandrapur
14]Shri Shafi Siddique, Aged about 50
years, Occ. Service, R/o Koyla Shramik
Sabha, Shanti, Tah. Damua,
Chindwara, M.P.
15]Shri Ramashankar Tiwari, Aged about
60 years, Occ. Retired, R/o Koyla
Shramik Sabha, Purana Bazaar,
Patharkheda, Betul, M.P.
16]Shri Bandu Chandekar, Aged about 49
years, Occ. Service, R/o Totewar
Nagar, Pragati Colony, Wani District.
Yavatmal
17]Nathulal Pandey, President Hind
Khadan Mazdoor Federation (HMS),
R/o 1864, Wright Town, Jabalpur,
M.P.
18]Francis Prakashrao Dara, Aged about
41 years, Occ. Service, R/o Quarter
No. B-36, WCL, DRC No. 5 Colony,
Tirthrup Nagar, Tukum, Chandrapur
19]Amarnath Ramchandra Yadav, Aged
about 50 years, Occ. Service, Mahakali
Colony, Quarter No. M-20,
Chandrapur
20]Mahagi Haridwar Yadav, Aged about
47 years, Occ. Service, R/o Qrt. No.
O-2, CRC Minos Qtrs., Chandrapur
21]Prakash Dudharam Shende, Aged
about 55 years, Occ. Service, R/o
Mahakali Colony, Qtrs. No. B-7,
Chandrapur
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22]Deepak Motilal Jaiswal, Aged about 48
years, Occ. Service, Qtr. MQ-482, Ram
Nagar, Ghuggus, Chandrapur
23]Ramchandra Chandrabhan Yadav,
Aged about 45 years, Occ. Service, R/o
Shivaji Nagar, Ballarpur, Dist.
Chandrapur
24]Sangram Ramlaxman Singh, Aged
about 56 years, Occ. Service, Qtr. No.
M-121, Post Ashti, Tah. Rajura, Dist.
Chandrapur
25]Sanjay Singh, Aged about 51 years
Occ. Service, Type II, Quarter No. 3, at
Shobhapur Colony, WCL, Patherkheda,
Betul
26]Brijesh Anirudh Singh, Aged about 50
years, Occ. Service, Type-II Quarter
No. 31, WCL, Sellewara Colony, Post
Khaparkheda, District Nagpur
27]Sudarshan Ramdulare Gupta, Aged
about 59 years, Occ. Service, R/o
Quarter No. 49-DM, Hawamahal
Police Station, Khaparkheda, District
Nagpur
28]Sunil Mahadeorao Dhabale, Aged
about 50 years, Occ. Service, Quarter
No. IB-101, WCL, Umred Colony,
Umred, Dist. Nagpur
29]Sher Ali Allaudin, Aged about 59
years, Occ. Service, Quarter No. 2/1,
Patansawangi, Sadbhavna Colony,
Saoner, District Nagpur
30]Rajeshwar Asheswar Mishra, Aged
about 44 years, Occ. Service, Qtr. No.
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MQ-463, Bhalar Township, Post
Bhalar, Wani, Dist. Yavatmal
31]Sanjay, Digamber Badwaik, Aged
about 53 years, Occ. Service, R/o
Bharwapur Ward, Bhangaram Mandir
Road, Near Pande Cable House,
Chandrapur
32]Kapildev Singh Anandi Singh, Aged
about 50 years, Occ. Service, R/o
WCL, Paterkheda Hospital Colony,
Betul
33]Pyarelal Sahebrao Punde, Aged about
52 years, Qtr. No. B-139, Sasti Town,
Rajura, Chandrapur
34]Datta Gajananrao Kombe, Aged about
48 years, R/o Kunbi Society, Goutam
Ward, Bhadrawati, District
Chandrapur
35]Anil Yellayya Morpaka, Aged about 49
years, Ramnagar, Ghuggus,
Chandrapur
36]Shailendra Jagdish Kahar, Bala
Township, Post Bhalar, Taluka Wani,
District Yavatmal
===================================
Shri M. Shareef, Advocate for the petitioners
Shri V.P. Marpakwar, Advocate for the respondent no. 1
Shri R.S. Akbani, Advocate for the respondent nos. 9, 10, 14, 18,
19, 20 , 21, 22, 23, 24, 26, 27, 29, 31, 34 and 36
Shri A.Sudame, Advocate for the respondent no. 12
Shri N. A. Gaikwad, Advocate for the respondent no. 17
===================================
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Judgment 6 wp556.2018.odt
CORAM:- Z.A. HAQ,J.
th
DATED :- 5 FEBRUARY, 2018
ORAL JUDGMENT :-
Heard.
Rule. Rule made returnable forthwith.
2] This is another round of proceedings in the matter of dispute relating to the status of the respondent no. 1-Umashankar S/o Gupteshwarprasad Singh as the working president of the Koyla Shramik Sabha. In the earlier round which started with the filing of Application (T.U.) No. 01/2015 under provisions of Trade Unions Act, 1926, an interim order was passed on 04/10/2016 by which the Western Coal Fields Ltd., Nagpur (employer) was directed to call new elected office bearers enlisted under Annexure-A to the Consent Certificate dated 27/08/2015 while finalization of process of the membership for the year 2016. The W.C.L., Nagpur was directed to issue stamped receipt books to the new elected office bearers to enable the Union (Koyla Shramik Sabha) to enroll the membership for the year 2016 during the pendency of the main application before the Industrial Court. The ::: Uploaded on - 09/02/2018 ::: Downloaded on - 10/02/2018 01:45:38 ::: Judgment 7 wp556.2018.odt non-applicant nos. 1 to 14 in the application filed before the Industrial Court were restrained from acting and posing as President, General Secretary, Secretary and Office Bearers of the Union and from withdrawing any amount from the bank account of the Koyla Shramik Sabha during the pendency of the application before the Industrial Court.
This order was challenged by the Koyla Shramik Sabha and Umashankar Singh before this Court in Writ Petition No. 6303/2016. This writ petition was decided by the judgment dated 06/12/2016. The writ petition was allowed, the order passed by the Industrial Court was set aside, and the application (Exh. U-2) filed before the Industrial Court for interim relief was dismissed.
Civil Application No. 2701/2016 was filed in Writ Petition No. 6303/2016 seeking modification of the judgment dated 06/12/2016. This civil application was disposed by the order dated 19/12/2016 which is as follows:-
" By consent of the learned counsels appearing for the parties following order is passed:
i] The petitioner No. 2 to place on record of the Industrial Court the bank account details of Koyla Shramik Sabha Union, wherein the ::: Uploaded on - 09/02/2018 ::: Downloaded on - 10/02/2018 01:45:38 ::: Judgment 8 wp556.2018.odt Union funds shall be deposited and from where they shall be utilized.
ii] On completion of membership drive, the petitioner No. 2 shall deposit the amount received towards subscription for the year 2017 of Koyla Shramik Sabha in the account of the Trade Union, the number of the Bank in which the amount shall be declared before the Industrial Court.
iii] So far as the relief in terms of prayer clause
(e) is concerned, Shri Marpakwar the learned counsel appearing for the petitioner to submit that such returns are always filed before the Registrar of the Trade Union and the petitioner No. 2 shall continue to file such audited returns before the Registrar of the Trade Union, Nagpur routine manner.
No further orders are required to be passed in this civil application.
Civil application stands disposed of. "
It is undisputed that because of the above order dated 19/12/2016, the respondent no. 1- Umashankar Singh was permitted to complete the membership drive (check-off system) for the year 2017. It is undisputed that Umashankar Singh ::: Uploaded on - 09/02/2018 ::: Downloaded on - 10/02/2018 01:45:38 ::: Judgment 9 wp556.2018.odt completed the membership drive for the year 2017. The membership drive for the year 2017 had started in December, 2016 and was completed in January, 2017.
3] Further dispute arose before the membership drive for the year 2018 was to start. In T.U. Case No. 01/2015, an application (Exh. C/107) was filed by Umashankar Singh, on or about 30/11/2017. By this application, Umashankar Singh prayed that the W.C.L. be directed to issue stamped receipt books to him and to deal with Umashankar Singh in respect of day-to-day affairs and Industrial Relations. In this application (Exh. C/107), it was prayed that the communication dated 21/11/2017 issued by the Hind Mazdoor Sabha requesting the W.C.L. to deal with Shri Shiv Kumar Yadav / Deepak Choudhary in respect of day-to-day affairs of the Union be quashed. It was prayed that Hind Mazdoor Sabha / Hind Khadan Mazdoor Federation be restrained from issuing any communication without seeking permission of the Court. This application (Exh. C/107) is decided by the impugned order. The Industrial Court has allowed the application (Exh. C/107) and has directed the W.C.L to hand over the stamped receipt books to Umashankar Singh treating him as recognised ::: Uploaded on - 09/02/2018 ::: Downloaded on - 10/02/2018 01:45:38 ::: Judgment 10 wp556.2018.odt President. The W.C.L. is directed to accept the stamped receipt books from Umashankar Singh. The W.C.L. is directed to deal with Umashankar Singh in respect of check-off system work and permitted him to deal with day-to-day affairs and the Industrial Relations with the W.C.L. till 19/08/2018.
4] It is undisputed that the last elections of the Union were held on 19/08/2013. According to the petitioners as per the Constitution of the Union, the term of elected body is of two years and was till 18/08/2015. According to the W.C.L., the term of the elected executive body can be for maximum period of three years as per Section 6 (hh) of the Trade Unions Act, 1926 and therefore, Umashankar Singh could not have asked for continuation as working President after 18/08/2016. According to some of the respondents including Umashankar Singh, the Constitution of the Trade Unions is amended and after amendment, the term of the elected body is of five years and therefore Umashankar Singh would continue to be the working President till 18/08/2018 and therefore, the directions issued by the Industrial Court as per the impugned order are proper.
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Judgment 11 wp556.2018.odt 5] The petitioners have raised issue of maintainability of
the application (Exh. C/107) as according to the petitioners, the application could not have been entertained by the Industrial Court, as the dispute sought to be raised by the application was beyond the scope of certificate issued under Section 28-1A of the Trade Unions Act, 1926.
The substantive application filed before the Industrial Court (T.U.A. Case No. 1/2015) is pending for consideration by the Industrial Court.
6] In the facts of the case, I find that the dispute as to whether Umashankar Singh can continue as working President of the Union till 18/08/2018 cannot be adjudicated unless it is decided that amendment to the Constitution of the Union is permitted. Though the order passed by this Court on Civil Application No. 2701/2016 on 19/12/2016 shows that Umashankar Singh was permitted to conduct the membership drive for the year 2017 (in December, 2016 and January, 2017) i.e. beyond 18/08/2016 till when he could have been the working President of the Union as per Section 6 (hh) of the Trade Unions Act, 1926 as argued by the learned advocate for the W.C.L., ::: Uploaded on - 09/02/2018 ::: Downloaded on - 10/02/2018 01:45:38 ::: Judgment 12 wp556.2018.odt according to the petitioners, Umashankar Singh cannot be permitted to conduct the membership drive for the year 2018 as he is expelled from the Union in the special general meeting held on 04/09/2017. The learned advocate for the petitioners has pointed out in the reply which was filed by the petitioners to the application (Exh. C/107) before the Industrial Court that it was specifically pleaded that Umashankar Singh is expelled in the special general meeting held on 04/09/2017. The Industrial Court has not considered this point and overlooking it, Umashankar Singh is permitted to conduct the membership drive for the year 2018. The learned advocate for the W.C.L. has submitted that the communication issued by the Hind Mazdoor Sabha on 21/11/2017 requesting the W.C.L. to deal with Shiv Kumar Yadav / Deepak Choudhary in respect of day-to-day affairs of the Union and the Industrial Relations, also cannot be overlooked. 7] Considering the facts of the case and the nature of dispute, in my view, it would be appropriate to direct that the elections of the Union (Koyla Shramik Sabha) should be conducted under supervision of the Deputy Registrar working in the office of Registrar of Trade Unions. The issue can be resolved ::: Uploaded on - 09/02/2018 ::: Downloaded on - 10/02/2018 01:45:38 ::: Judgment 13 wp556.2018.odt and the interests of justice would be sub-served by passing the following order:-
O R D E R
(i) The Registrar of the Trade Unions shall issue an order till 16/02/2018, appointing Deputy Registrar working in his office for conducting the membership drive (check-off system) for the year 2018 and for conducting the elections of the Union (Koyla Shramik Sabha).
(ii) The Deputy Registrar of the Trade Unions shall apprise Umashankar Singh till 16/02/2018 about the amount which is provisionally required towards expenses of the elections.
(iii) Umashankar Singh shall deposit the amount as determined by the Deputy Registrar of the Trade Unions, with the Deputy Registrar of the Trade Unions till 26/02/2018.
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(iv) Umashankar Singh shall be permitted to
operate the bank account of the Union for the purposes of depositing the above amount only. The entitlement of Umashankar Singh to operate the bank account of the Union for other purposes shall be decided by the Industrial Court in appropriate proceedings, according to law.
(v) The Deputy Registrar (Election Officer) shall submit the receipt books for stamping to the W.C.L., till 05/03/2018.
(vi) The W.C.L. shall supply the stamped receipt books to the Deputy Registrar (Election Officer) till 15/03/2018.
(vii) The Deputy Registrar (Election Officer) shall conduct the membership drive (check-off system) for the year 2018, till 06/04/2018.
(viii) The Deputy Registrar (Election Officer) shall
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return the receipt books after the conclusion of the membership drive (check-off system) to the W.C.L., till 10/04/2018.
(ix) The W.C.L. shall undertake further process of verification and publish the final list of members till 20/04/2018. This list shall be submitted to the Deputy Registrar (Election Officer) also.
(x) The Deputy Registrar (Election Officer) shall then publish the election programme and shall complete the process of election, till 10/05/2018.
8] If any difficulty arises in the matter, the Deputy Registrar (Election Officer) shall seek appropriate orders in the matter from the Industrial Court by filing an application in T.U.A. Case No. 01/2015. If such application is filed, the Industrial Court shall pass appropriate orders after hearing all the concerned parties, according to law.
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Judgment 16 wp556.2018.odt The writ petition is disposed in the above terms. In the circumstances, the parties to bear their own costs. C.A.W No. 213/2018 & C.A.W No. 228/2018 In view of disposal of the writ petition, the civil applications seeking permission for grant of leave to amend the petition and for intervention, do not survive. They are disposed accordingly.
JUDGE Ansari ::: Uploaded on - 09/02/2018 ::: Downloaded on - 10/02/2018 01:45:38 :::