K.V Sridharan And Ot... v. S. Sundaramoorthy 2...., Madras High Court, Judgment, Law, casemine.com

Factual and Procedural Background

The Writ Petition originated from a dispute concerning the election of Office Bearers of the All India Postal Employees, Union Group ‘C’, Tamil Nadu Circle Branch. The petitioner, the Circle Secretary of the said Union, sought to impugn an order dated 16.10.2008 and to obtain approval for the list of Office Bearers elected on 21.3.2008, as submitted by the outgoing President and Secretary. The matter proceeded as a Writ Petition before the Court, which was subsequently appealed.

Legal Issues Presented

Whether a Writ Petition is maintainable in respect of disputes relating to the election of Office Bearers of a registered Trade Union, which is a private body under the Trade Unions Act, 1926.

Whether directions issued by a Writ Court in a prior order, which were not challenged, can validate the maintainability of a subsequent Writ Petition concerning such election disputes.

Arguments of the Parties

Writ Petitioner’s Arguments

The petitioner relied on an Office Order dated 16.10.2008, by which an Ad hoc Committee was appointed pursuant to directions from a learned Single Judge of this Court.

It was argued that since those directions were not challenged and have become final, the present Writ Petition challenging the election dispute is maintainable.

Court's Reasoning and Analysis

The Court began by noting that the All India Postal Employees, Union Group ‘C’ is a registered Trade Union under the Trade Unions Act, 1926, which confers upon it the status of a body corporate but does not render it an Authority under Article 12 of the Constitution of India. Consequently, the Trade Union remains a private body. The Court emphasized that disputes relating to elections of such private bodies cannot be entertained via Writ Petitions.

The Court further clarified that the Trade Unions Act does not provide for recognition of such Unions, and any recognition is governed only by administrative circulars, which are not statutory and hence not enforceable through Writ Petitions.

Regarding the reliance on the earlier Office Order dated 16.10.2008 and the directions of the learned Single Judge, the Court observed that there was no indication that the question of maintainability of the Writ Petition had been considered at that stage. Therefore, those directions could not be treated as authoritative on this point.

Based on these legal principles and facts, the Court held that election disputes of such incorporated private bodies must be resolved in the appropriate Civil Court and not in the Writ Court.

Holding and Implications

The Court's final decision was to dismiss the Writ Petition and allow the Writ Appeal on the grounds that election disputes relating to registered Trade Unions, being private bodies, are not maintainable before the Writ Court.

The direct implication is that no order can be passed on the election dispute in the Writ Petition. The parties must seek resolution of such disputes through appropriate Civil Courts. The Court noted that no statutory provisions govern recognition or election procedures of such Trade Unions in Tamil Nadu, and therefore no new precedent was established beyond the immediate effect on the parties.

K.V Sridharan And Others v. S. Sundaramoorthy 2. The Principal Chief Postmaster General, Tamil Nadu Circle, Anna Salai, Chennai-2 S

A.K Ganguly, C.J

1. Heard the learned counsel for the parties. The Writ Petition, out of which the present Appeal arises, was filed by the Circle Secretary, All India Postal Employees, Union Group ‘C’, Tamil Nadu Circle Branch, seeking to impugn an order dated 16.10.2008 and also for approval of the list of Office Bearers elected on 21.3.2008 as submitted by the outgoing President and Secretary and to pass such further or other orders.

2. It is clear from the tenor of the prayer made in the Writ Petition that the dispute is over the election of the Office Bearers of All India Postal Employees, Union Group ‘C’ (hereinafter referred to as the ‘said Union’). The question which is of some relevance in this case is whether in respect of disputes relating to election of such Employees' Union a Writ Petition can be filed.

3. Admittedly, the said Union is a Registered Trade Union. Once a Trade Union is registered under the Trade Unions Act, 1926, it becomes a body corporate under Section 13 of the said Act by the name under which it is registered and thereafter, it has a perpetual succession and common seal, and has the power to acquire and hold both movable and immovable properties and to contract and sue or be sued in the said name. Therefore, by way of registration of a Trade Union under the said Act, the Trade Union does not become an Authority under Article 12 of the Constitution of India. It continues to remain just a private body and all disputes relating to election of such a private body cannot be canvassed or challenged in a Writ Petition. The said Act does not make any provision for recognition of such a Union. Any recognition of Union, even if it is a Union relating to the employees of the Central Government, is governed by some departmental circulars. Those circulars are administrative in nature and not statutory. Therefore, those circulars also cannot be enforced in a Writ Petition. However, unfortunately, with regard to disputes arising out of the conduct of elections of such trade Unions for electing its Office Bearers, various Writ Petitions are filed before this Court and some of them are entertained. But in none of these cases, this question has ever been discussed. At least, no such decision has been brought to the notice of this Court.

4. Learned Senior Counsel appearing for the writ petitioner, the first respondent before us, in order to sustain the maintainability of the Writ Petition, has drawn the attention of this Court to the Office Order dated 16.10.2008, by which an Ad hoc Committee was appointed by the Director of Postal Service, Head Quarters. It appears from a perusal of the said order dated 16.10.2008 that the said order was passed pursuant to some direction given by a learned Single Judge of this Court. Learned Senior Counsel submits that since those directions issued by a Writ Court have not been challenged and those directions have become final, the present Writ Petition is also maintainable. We have not been told whether before passing those orders, the Writ Court had any opportunity to consider this question. In fact, on a perusal of the order dated 2.9.2008 in which the said direction was issued, which appears at page 30 of the typed set, it does not appear that this question was ever considered by the Court, when these directions were given by a learned Single Judge. Since this point has not been considered by the Court, any decision of the Court cannot be an authority on that point.

5. We, therefore, hold that all disputes relating to holding of election of such incorporated bodies, which are nothing but private bodies, cannot be challenged before the Writ Court. If there are disputes between the parties over such election, those disputes can be challenged, if so advised, before the appropriate Civil Court. Since we are of the view that the Writ Petition itself is not maintainable, this Court is of the opinion that no order can be passed in the Writ Petition on the dispute relating to the election of such Trade Union. It may be noted in this connection that these private bodies are not enforcing any statutory direction by filing such Writ Petitions inasmuch in the State of Tamil Nadu, there is no law relating to grant of recognition to a Trade Union, nor is there any law relating to holding of election of such Trade Unions. These matters are covered by general law and as such, the disputes in this regard should be settled by Civil Court.

6. The Writ Petition is, therefore, dismissed and the Writ Appeal is allowed on the aforesaid grounds. There will be no order as to costs. Consequently, M.P No. 1 of 2008 is closed.

W.A No. 1400 of 2008

K.V Sridharan And Ot... v. S. Sundaramoorthy 2....