1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ----- C.M.P. No. 248 of 2015 ------ 1. Telco Workers Union, a Union registered under the Trade Unions Act, 1928, situated at H.S. Road, Telco Colony, P.O. and P.S.- Telco Town, Jamshedpur, District- Singhbhum East through its General Secretary Chandrabhan Prasad, son of late R.P,. Singh, residing at Cross Road No. 10A, Qtr. No. L4/9, Telco Colony, P.O. and P.S. Telco, Town-Jamshedpur, East Singhbhum, Jharkhand.
2. Chandrabhan Prasad son of late R.P. Singh, residing at Cross Road No. 10A, Qtr. No. L4/9, Telco Colony, P.O. and P.S. Telco, Town-Jamshedpur, East Singhbhum, Jharkhand .....….............Petitioners. -Versus- 1. The State of Jharkhand through its Secretary, Department of Labour, Govt. of Jharkhand, secretariat Building, Nepal House, P.O. and P.S.- Doranda, District- Ranchi, Jharkhand.
2. The Labour Commissioner-cum-Registrar Trade Unions, Govt. of Jharkhand, HEC Township, Project Bhawn, P.O.- Dhurwa, P.S.- Jagarnathpur, Ranchi, Jharkhand.
3. The Deputy Commissioner, East Singhbhum, P.O. and P.S.- Jamshedpur, East Singhbhum, Jharkhand.
4. The Senior Superintendent of Police, East Singhghum, P.O. and P.S.- Jamshedpur, East Singhbhum, Jharkhand.
5. Arun Kumar Singh son of late S.K. Singh, Resident of Quarter No. K2/36, Road No. 8, Telco Colony, P.O. and P.S.- Telco, Town-Jamshedpur, East Singhbhum, Jharkhand.
6. Harshvardhan Son of Sri Ram Awadhesh Singh, Resident of Quarter No. K2/-1, Cross Road No. 15, Telco Colony, P.O. and P.S.- Telco, Town-Jamshedpur, East Singhbhum, Jharkhand. …...........................Respondents With C.M.P. No. 257 of 2015 ------ 1. Telco Workers Union, a Union registered under the Trade Unions Act, 1928, situated at H.S. Road, Telco Colony, P.O. and P.S.- Telco Town, Jamshedpur, District- Singhbhum East through its General Secretary Chandrabhan Prasad, son of late R.P,. Singh, residing at Cross Road No. 10A, Qtr. No. L4/9, Telco Colony, P.O. and P.S. Telco, Town-Jamshedpur, East Singhbhum, Jharkhand.
2. Chandrabhan Prasad son of late R.P. Singh, residing at Cross Road No. 10A, Qtr. No. L4/9, Telco Colony, P.O. and P.S. Telco, Town-Jamshedpur, East Singhbhum, Jharkhand .....….............Petitioners. -Versus- 1. The State of Jharkhand through its Secretary, Department of Labour, Govt. of Jharkhand, secretariat Building, Nepal House, P.O. and P.S.- Doranda, District- Ranchi, Jharkhand.
2. The Labour Commissioner-cum-Registrar Trade Unions, Govt. of Jharkhand, HEC Township, Project Bhawn, P.O.- Dhurwa, P.S.- Jagarnathpur, Ranchi, Jharkhand.
3. The Deputy Commissioner, East Singhbhum, P.O. and P.S.- Jamshedpur, East Singhbhum, Jharkhand.
4. The Senior Superintendent of Police, East Singhghum, P.O. 2 and P.S.- Jamshedpur, East Singhbhum, Jharkhand.
5. Arun Kumar Singh son of late S.K. Singh, Resident of Quarter No. K2/36, Road No. 8, Telco Colony, P.O. and P.S.- Telco, Town-Jamshedpur, East Singhbhum, Jharkhand.
6. Harshvardhan Son of Sri Ram Awadhesh Singh, Resident of Quarter No. K2/-1, Cross Road No. 15, Telco Colony, P.O. and P.S.- Telco, Town-Jamshedpur, East Singhbhum, Jharkhand. …...........................Respondents CORAM: HON’BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR. JUSTICE P.P. BHATT ------ For the Petitioners : M/s Anil Kumar, Sr. Advocate, Abhishek Kumar, Ashutosh Kumar, Chandana Kumari, Advocates (In CMP No. 248/2015) For the Petitioners : M/s V.P.Singh, Sr. Advocate Amit Kumar Das, Chandrajit Mukherjee, S. Shrestha, Advocates (In CMP No. 257/2015) For the State: : Mr. Jai Prakash, A.A.G. ------ 02/ Dated:
24. h July, 2015 Per Virender Singh, C.J.: The present two Civil Miscellaneous Petitions i.e. C.M.P.No.248 of 2015 filed by respondent No.6, seeking clarification vis-à-vis paragraph-1 of the order passed by this Court dated 7th July, 2015 and C.M.P. No. 257 of 2015 filed by one Chandrabhan Prasad, General Secretary of Telco Workers' Union seeking clarification of paragraph No.2 of the said order are taken together on board.
2. Heard Mr. Anil Kumar, learned Senior Advocate in C.M.P. No.248 of 2015 and Mr. V.P. Singh, Senior Advocate in C.M.P. No.257 of 2015.
3. Mr. Anil Kumar, learned Senior Advocate states that in paragraph No.1 of the order dated 7th July, 2015, the Court has given a direction that the election shall be held by following due process, practice and procedure which was followed in previous election held in the month of May, 2011. He states that at the same time it is observed by the Court that the election shall be held in 3 terms of the directions given by the learned Writ Court in paragraph No.9 of the impugned judgment. Learned Senior Counsel wants to impress upon the Court that the election of Tata Workers' Union was held in February, 2015, therefore, in terms of the direction contained in paragraph No.9 of the impugned judgment of the Writ Court, Respondent Nos. 3 and 4 therein (Respondent Nos.3 and 4 in L.P.A.) are required to adopt the same procedure as it was adopted for holding election of Tata Workers' Union held in February, 2015.
4. We find force in the submissions advanced by Mr. Anil Kumar, learned Senior Advocate and clarify our order stating that the due process, practice and procedure to be followed now in holding the election, shall be the same as it was held for holding election of Tata Workers' Union held in February, 2015. In short, we never wanted to disturb the observations of the learned Writ Court made in paragraph No.9 of the impugned order in this regard. We clarify that fact.
5. C.M.P. No.248 of 2015 stands disposed of accordingly.
6. We, now, advert to C.M.P. No. 257 of 2015, in which, Mr. V.P. Singh, learned Senior Advocate submits that it appears that the State has misconstrued the word 'supervising' as observed in paragraph No.2 of the order dated 7th July, 2015. According to Mr. Singh, the State instead of supervising the election, as directed by the Court, has started interfering in the affairs of the Telco Workers' Union and in fact made an attempt to control the entire election process, which was never the intention of the Court. Mr. Singh, states that recently an order has been passed by the Deputy Commissioner, Jamshedpur, whereby he has appointed three persons namely Shri S.S. Pathak, Deputy Labour Commissioner, East Singhbhum, Jamshedpur; Shri Manoj Kumar Ranjan, L.R.D.C., Dhaldhum, Jamshedpur and Shir Srikrishna Bhagat, District Co-operative Officer, Singhbhum (East), Jamshedpur, to supervise the election process. The main grievance is projected vis-à-vis the 4 order dated 19th July, 2015 issued by the Deputy Commissioner, Jamshedpur, wherein with regard to preparation of electorate, he has given certain directions. According to Mr. Singh, learned Senior Advocate, this is the affair of the Union only and the State was not supposed to show its indulgence to that extent.
7. We do not find any substance in the submission of Mr. Singh, learned Senior Advocate, which would call for showing any indulgence in the instant miscellaneous petition seeking review of our earlier order dated 7 th July, 2015 for a very simple reason that by a word 'supervising' the Court really meant that the election should be held in a very fair and democratic manner, that too in the present set of circumstances when the affairs of the Union have gone to rough weather. This, in fact, was the intention of the Court.
8. Viewed thus, C.M.P. No. 257 of 2015 merits dismissal. Ordered accordingly.
9. We, at the end, would like to make it clear that the expenses would be borne by the State on the same pattern as it was done while conducting the election of Tata Workers' Union held in February, 2015 and the process of election shall be concluded without any delay, positively within four weeks from today. Disposed of. (Virender Singh, C.J.) (P.P. Bhatt, J.) Anu/SI/LAK