Ashok Dhoble vs Bhojraj Dhotke and Others

R.S. Jha, J.—The petitioner has filed this petition being aggrieved by the order dated 11.9.2012 passed by the Industrial Court, Bhopal whereby the application filed by the petitioner objecting to the alleged election dated 5.1.2011 of the respondents No. 1 to 3 as office-bearers of Woolen Mills Employees Union, Chhindwara, has been rejected on the ground that the petitioner has been terminated from service and is, therefore, no longer an employee of the Raymonds Woolen Mills, Chhindwara by relying upon a decision rendered by the Supreme Court in the case of State Bank of India Staff Association and another Vs. State Bank of India and others, . It is submitted by the learned Counsel appearing for the petitioner that the Industrial Court, while allowing the application filed by the respondent, has failed to take into consideration the subsequent decision of the Supreme Court rendered in the case of Bokajan Cement Corporation Employees'' Union Vs. Cement Corporation of India Ltd., wherein after considering the decision in the case of State Bank of India Staff Association (supra), a different view has been taken and, therefore, the impugned order deserves to be set aside.

The learned Counsel appearing for the respondents, per contra, submits that in view of the provisions in the constitution of the Woolen Mills Employees Union, Chhindwara the petitioner ceases to be a member of the Union and even otherwise ceases to be an office-bearer of the Union as his election to the Union in the year 2007 has come to an end on the expiry of three years and in such circumstances he has no locus standi to raise a dispute u/s 28(J) of the Trade Unions Act, 1926 as has been held by this Court in the case of N. Prasad and others v. I.P. Chouksey and others, 1999 (83) FLR 183 and, therefore, no fault can be found with the impugned order.

Having heard the learned Counsel appearing for the parties at length and after perusing the record, it is observed that the Industrial Court, while allowing the application filed by the respondent and dismissing the claim of the petitioner, has failed to take into consideration the decision of the Supreme Court rendered in the case of Bokajan Cement Corporation Employees'' Union Vs. Cement Corporation of India Ltd., , the contentions of the respondents regarding section 28(J) of the Trade Unions Act, 1926 as well as the import and impact of the decision rendered by this Court in the case of N. Prasad and others v. I.P. Chouksey and others 1999 (83) FLR 183. As the aforesaid issues go into the root of the matter, the Industrial Court was required to address the aforesaid issues while deciding the application. In the circumstances, I am of the considered opinion that the matter deserves to be remanded back for reconsideration by the authority. Accordingly, the petition is allowed to the aforesaid extent and the matter is remanded back to the Industrial Court, Bhopal, for re-deciding the matter afresh by taking the aforesaid aspects into consideration while passing the order.

The petition filed by the petitioner stands disposed of accordingly.

CC as per rules.