2001 (6) TMI 826 - HC - Indian Laws

Summary

Issues:
1. Maintainability of the writ petition against rival parties
2. Jurisdiction of the Registrar of Trade Unions to consider representations
3. Adjudication of intra-union rivalry in writ jurisdiction

Issue 1: Maintainability of the writ petition against rival parties
The petitioner sought various writs related to intra-union rivalry, including mandamus, certiorari, and interim orders against the rival committee. The respondent-employer argued that the petition was not maintainable as the rival parties were not made parties to the petition. The court highlighted the principle of audi alteram partem, emphasizing that relief cannot be granted against parties who are not part of the proceedings. The court noted that the relief sought was essentially against the rivals who had won the election, making it an election dispute that required involvement of all parties concerned.

Issue 2: Jurisdiction of the Registrar of Trade Unions to consider representations
The petitioner's counsel argued that the Registrar should consider the petitioner's representations under the Trade Unions Act. However, the court clarified that the Registrar's power under Section 28(4) is administrative and limited to examining documents for the purpose of submission of returns by trade unions. The court emphasized that the Registrar does not have the authority to adjudicate disputes, especially election disputes, as such functions are quasi-judicial and require specific statutory provisions.

Issue 3: Adjudication of intra-union rivalry in writ jurisdiction
The court observed that the dispute between rival groups within the union was essentially a civil dispute that should be decided in a civil court, not through a writ petition. The court highlighted that previous orders had already addressed the election dispute, and any further grievances should be resolved through appropriate legal channels. The court dismissed the writ petition, emphasizing that the matter was not suitable for writ jurisdiction and parties should resort to civil remedies for resolution.

In conclusion, the court dismissed the writ petition due to the absence of necessary parties, the limited jurisdiction of the Registrar of Trade Unions, and the nature of the dispute being more suited for civil adjudication rather than writ jurisdiction.