Constitutional Writ Jurisdiction v. The Labour Commissioner & Special Secretary to the Government of West Bengal

which are deemed to be fair and binding, not only between the parties to the settlement but also to the non-parties and future workmen.

13. It is also stated that recognition of a trade union is not a matter of right. It is a concept which is statutorily governed in West Bengal under the provisions of the Trade Unions Act, 1926 with the Trade Unions (West Bengal Amendment) Act, 1983 thereunder, read with the corresponding Rules and Regulations.

14. It is the further case of the respondent no. 3 that the petitioner has admitted that Ruchi Soya Industries Limited is the principal employer and hence it cannot contend anything as regards amendment of service conditions of the contractors’ workers, over whom no amount of supervision, administration and control is exercised by the principal employer.

15. The settlement emanating from the charter of demands of 2022 was made between the contractors and the trade unions representing the contractor’s workers wherein the company namely, Ruchi Soya Industries Limited (now Patanjali Foods Limited) was a witness. The inter se rivalry over membership dispute of contractors’ workers and fight among two trade unions cannot warrant the invocation of writ jurisdiction. The writ be thus dismissed.

16. The respondent no. 3 has relied upon the following judgments in support of their contention:- (i) All India Bank Employers’ Association vs. national Industrial Tribunal (Bank Disputes), Bombay & Ors., (AIR 1962 SC 171); 6 (ii) UCO Bank Employees’ Association & Anr. vs. UCO Bank & Anr. (2014 Lab IC 1807); (iii) All India UCO Bank Staff Federation & Anr. vs. UCO Bank & Anr. (2014 SCC Online Cal 5060); (iv) All India UCO Bank Staff Federation & Anr. vs. UCO Bank & Anr. (in APO 266 of 2014 with WP 1204 of 2013, dated 1st December, 2016) (Division Bench); (v) ITC Ltd. Workers’ Welfare Association & Anr. vs. Management of ITC Ltd. & Anr. (2002) 3 SCC 411, Para 17; (vi) National Engineering Industries Ltd. vs. State of Rajasthan & Ors. (2000) 1 SCC 371, Para 24; (vii) Steel Authority of India vs. Union of India & Ors. (2006) 12 SCC 233, Para 28; (viii) Municipal Corporation of Greater Mumbai & Ors. vs. Rafiqunnisa M. Khalifa (2019) 5 SCC 119, Para 26; (ix) Calcutta Gas Company (Proprietary) Ltd. vs. State of West Bengal & Ors. (AIR 1962 SC 1044, Para 5).

17. Heard the learned counsels for the parties and considered the materials on record.

18. The petitioner Union herein prays for recognition to participate as the constituent of joint bargaining council of the respondent no. 3 company.

19. And further prays for declaring the formation of the respondent no. 4 Trade Union, as illegal and in contravention of Section 7(2) of the Trade Unions Act, 1926. 7

20. Section 28A (Chapter IIIA) of the Trade Unions (West Bengal Amendment) Act, 1983, lays down:- "CHAPTER IIIA Recognition of Trade Unions as bargaining agents Application for recognition 28A. (1) Subject to the provisions of recognition sub-section (2), any registered Trade Union may apply in the prescribed manner together with such fee as may be prescribed to the Registrar for recognition as a recognised Trade Union for an industrial establishment or a class of industry in a local area, as the case may be: Provided that no such application shall be entertained in respect of an industrial establish-ment or a class of industry in a local area, as the case may be, if there is already a Trade Union recognised under this Act in respect of such industrial establish-ment or class of industry, as the case may be, during the period of two years immediately following the date of recognition of that Trade Union by the employer concerned: Provided further that such application may be filed with the Registrar within the period of two years referred to in the first proviso if the recognition of the Trade Union concerned is cancelled under this Act during that period: Provided also that in a case where recognition has been granted under the provisions of sub-section (3) of section 28B, subsequent application by any other union may be entertained by the Registrar on the expiry of a period of six months immediately following the date of recognition of a Trade Union by the employer concerned, subject to the condition that the Registrar shall not entertain any such application unless accompanied by a document containing the signatures of such minimum number of eligible workmen 8 as is necessary for support for recognition as a constituent of the joint bargaining council: Provided also that the existence of a recognised Trade Union in respect of a class of industry in a local area shall not be a bar in submitting an application for recognition in a single industrial establishment belonging to that class of industry in a local area. (2) No Trade Union shall be eligible to apply for recognition under sub-section (1), unless- (i) it has been functioning as a registered Trade Union in an industrial establishment or the class of industry in the local area, as the case may be, for a period of at least six months immediately preceding the date of filing of such application; (ii) the membership thereof is open to all workmen employed in the industrial establishment or the class of industry in the local area, as the case may be; and (iii) the rules of the Trade Union provide that- (a) the appointment of the office-bearers shall be made every year within the date specified in this behalf; and (b) the meeting of its executive shall be held at least once every three months.”

21. Admittedly, the petitioner/union has not taken recourse to the above provision of the Act of 1983.

22. Thus, the respondent no. 3’s stand that the relief prayed for by the petitioner/union herein, is statutorily governed by the provisions of the Trade Unions Act, 1926 with the Trade Unions (West Bengal Amendment) Act, 1983 has merit. 9

23. As such, the proper forum for getting recognition of a trade union, is the respondent no. 5 herein, being the Registrar of trade union, whom the petitioner/union has not approached.

24. Regarding the issue of two registered Unions having been registered under the same name, the petitioner has to again apply to the respondent no. 5 as per Section 7 of the Trade Unions Act.

25. As to the prayer for declaring the formation of the respondent no. 4 Trade Union as illegal and in contravention of Section 7(2) of the Trade Unions Act, 1926, once again the appropriate authority is the respondent no. 5 herein, who admittedly has not been approached as per the Act.

26. As such, the appropriate forum/authority is the respondent no. 5 herein, who admittedly has not been approached.

27. The petitioner’s relief thus lies before the respondent no. 5, in respect of all reliefs as prayed for herein, in the present writ and the respondent no. 5 having not been approached, this writ is not maintainable and is thus dismissed.

28. Connected application, if any, stands disposed of.

29. Interim order, if any, stands vacated.

30. Urgent Photostat certified copy of this judgment, if applied for, be supplied to the parties expeditiously after due compliance. (Shampa Dutt (Paul), J.)