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Judgment
The present review petition has been filed seeking review of the order dated 02/01/2018 passed by this Court in WPL No. 251/2017.
While disposing of the said Writ Petition this Court had made following observations:-
“4. Given the said stand taken by the State counsel this Court is of the opinion that, no fruitful purpose would be served in keeping the Writ Petition
pending.
Accordingly, the present Writ Petition stands disposed off with a direction to the Registrar, Trade Union/respondent No.2 to ensure that, the order
passed by the Registrar, Trade Union on 04/07/2017 only so far as holding of working committee meeting is concerned if it does not affect the
proceedings before the Industrial Court in any manner the same be held as expeditiously as possible. â€
The review petition has been filed by the petitioner stating that, the Writ Petition has been got disposed by suppressing material facts before this
Court.
The counsel for the petitioner submits that, the petitioner has not disclosed the complete facts. The entire order of Registrar, Trade Union dated
04/07/2017 itself was under challenge before the Industrial Court and therefore the petitioner were precluded from filing a fresh Writ Petition for the
same cause of action in the present review petition. He further submits that, the petitioners in the said Writ Petition were trying to seek execution of
the order which was already subjudice before the Industrial Court.
At this juncture, if we peruse the observations made by this Court while disposing of the Writ Petition it would be evidently clear that, this Court
while disposing of the Writ Petition held that, the Registrar Trade Union shall act on the order dated 04/07/2017 only to the extent of holding the
working committee meeting. This Court had specifically not touched the issue so far as the issue under Section 28-J of the Trade Union Act is
concerned which also germinates from the order dated 04/07/2017 and which is already subjudice before the Industrial Court.
As regards the apprehension of the petitioner in the present review petition that many of the members of the said Trade Union did not qualify
themselves for attending the working committee meeting as they stands disqualified, this aspect also in the opinion of this Court is a fact which has to
be looked into by the Registrar Trade Union as he is the ultimate authority under the Trade Union Act.
Therefore, it is expected that the Registrar Trade Union shall take into account all these facts which would be raised by the parties aggrieved in
respect of the working committee meeting and the members who could attend the meeting.
Thus, this Court is not inclined to entertain the present review petition at this juncture.
However, it is necessary to make an observation that the Registrar Trade Union is expected to go purely in accordance with the provisions under
the Trade Union Act and the Bye laws of the Union which also implies that he would be verifying the veracity of the members of Trade Union as
regards their being a valid working committee member or not.
It is expected that the office of the Advocate General would issue necessary instructions to the Registrar Trade Union for expeditiously deciding
the issue.
Accordingly, the review petition stands disposed off.