North Eastern Railway Employees Union & Ors. Vs. IIIrd Additional District Judge, Farukhabad & Ors.
EmailAppeal: Civil Appeal No. of 1988
(In SLP No. 15345 of 1987)
(In SLP No. 15345 of 1987)
Petitioner: North Eastern Railway Employees Union & Ors.
Respondent: IIIrd Additional District Judge, Farukhabad & Ors.
Apeal: Civil Appeal No. of 1988
(In SLP No. 15345 of 1987)
(In SLP No. 15345 of 1987)
Judges: A.P.SEN & L.M.SHARMA
Date of Judgment: Mar 09, 1988
Head Note:
LABOUR LAW
Trade Union Elections – Authority to hold elections – The Registrar of Trade Union is the authority charged with the duty of administering the provisions of the Act – The High Court was in error in designating the General Manager North Eastern Railway as the authority to hold elections – Trade Unions Act, 1926.
JUDGEMENT:
O R D E R
1. In this Special leave petition notice was confined to the question as to whether the direction made by the High Court designating the General Manager, North Eastern Railway as the authority to hold elections of the North Eastern Railway Employees Union; a trade union registered under the Trade Union Act, 1926, should be substituted by the Registrar of Trade Union, Uttar Pradesh. In response to the notice the respondents have appeared and when the case was taken up, a prayer was made on behalf of respondent no. 6. General Manager, North Eastern Railway for adjournment to enable him to file a counter affidavit. We, decline the prayer as we do not see any necessity for any such affidavit by him.
2. We have heard learned counsel for the appellants as well as the contesting respondents no. 2,3 and 4. The Registrar of the Trade Unions is the authority charged with the duty of administering the provisions of Trade Union Act. The High Court was obviously in error in designating the General Manager North Eastern Railway as the authority to hold elections of the Trade Union. We accordingly grant Special leave, modify the direction made by the High Court and direct instead that the election will be held under the supervision of the Registrar of Trade Union or by an officer designated by him for that purpose. The judgment of the High Court stands modified to the extent indicated.
3. The appeal is disposed of with no order as to costs.
1. In this Special leave petition notice was confined to the question as to whether the direction made by the High Court designating the General Manager, North Eastern Railway as the authority to hold elections of the North Eastern Railway Employees Union; a trade union registered under the Trade Union Act, 1926, should be substituted by the Registrar of Trade Union, Uttar Pradesh. In response to the notice the respondents have appeared and when the case was taken up, a prayer was made on behalf of respondent no. 6. General Manager, North Eastern Railway for adjournment to enable him to file a counter affidavit. We, decline the prayer as we do not see any necessity for any such affidavit by him.
2. We have heard learned counsel for the appellants as well as the contesting respondents no. 2,3 and 4. The Registrar of the Trade Unions is the authority charged with the duty of administering the provisions of Trade Union Act. The High Court was obviously in error in designating the General Manager North Eastern Railway as the authority to hold elections of the Trade Union. We accordingly grant Special leave, modify the direction made by the High Court and direct instead that the election will be held under the supervision of the Registrar of Trade Union or by an officer designated by him for that purpose. The judgment of the High Court stands modified to the extent indicated.
3. The appeal is disposed of with no order as to costs.
