Supreme Court of India
KARBHARI AND OTHERS versus DEEPAK V. CHENGEDE AND OTHERS on 30 July 2019
SUPREME COURT REPORTS
[2019] 10 S.C.R.
KARBHARI AND OTHERS
A
v.
DEEPAK V. CHENGEDE AND OTHERS
(Civil Appeal No.5936 of 2019)
B
JULY 30, 2019
[UDAY UMESH LALIT AND VINEET SARAN, JJ.]
Trade Unions Act, 1926 – Kopargaon Taluka Sakhar KamgarSabha was registered as Representative Union under the Act andwas governed by its Constitution and the provisions of the Act –CMembers of the Sabha come from seven Units – Matters concerningelection to the General Council and the Managing Committee ofthe Sabha were pending in the High Court – High Court directedthat the election be held as per the Constitution of the Sabha –Election Officer declared the election programme stipulating UnitDwise reservation to the posts of Vice-Presidents and Secretarieswherein all seven units would elect Vice-Presidents and Secretariesindependently and the Electoral College in that behalf would beeach of those units and not the General Body of members and further,8 seats would be reserved for “women” while rest 43 seats ofExecutive Members would be reserved for “men” – Industrial CourtEquashed the Election Programme – Appellants, members of theSabha challenged the decision – Dismissed – Plea of appellantsthat the stipulations made by the Election Officer carving outElectoral Colleges and concept of reservation were though notconsistent with the Constitution of the Sabha however, there was noFprohibition to adopt such ideas, which were completely laudableand reasonable – Held: However laudable may be the objectives,the Election Officer could not have gone beyond the confines ofthe Constitution of the Sabha and could not have imported ideaswhich were not rooted in the Constitution of the Sabha – As a matterof practice, various panels contesting elections to the Sabha wereGensuring that there be equitable distribution and every unit wasadequately represented, but that idea cannot be implementedthrough Election Programme – Programme must be completely inaccord with the governing Statute and the Constitution of the Sabha– In the absence of the idea of unit wise representation andHreservation emanating either from the governing Statute or the
Constitution of the Sabha, the Election Programme cannot by itself,invent and implement such idea – Industrial Court as well as theHigh Court were completely justified in taking the view as aforesaid.
Dismissing the appeal, the Court
HELD 1.1 The stipulations made by the Election Officercarving out Electoral Colleges and concept of reservation werenot consistent with the Constitution of the Sabha. Howeverlaudable may be the objectives, the Election Officer could nothave gone beyond the confines of the Constitution of the Sabhaand could not have imported ideas which were not rooted in theConstitution of the Sabha. It may be that as a matter of practice,various panels which contested elections to the Sabha, wereensuring that there be equitable distribution and every unit wasadequately represented. But that idea cannot be implementedthrough Election Programme. The Programme must becompletely in accord with the governing Statute and theConstitution of the Sabha. In the absence of the idea of unit wiserepresentation and reservation emanating either from thegoverning Statute or the Constitution of the Sabha, the ElectionProgramme cannot by itself, invent and implement such idea. TheIndustrial Court as well as the High Court were completelyjustified in taking the view as aforesaid. [Paras 12, 14 and 15][930-B-C; 931-E-G]
Laxmidas Dayabhai Kabarwala v. Nanabhai ChunilalKabarwala [1964] 2 SCR567;National TextileWorkers’ Union and Others v. P.R. Ramakrishnan andOthers (1983) 1 SCC 228 : [1983] 1 SCR 922–distinguished.
Case Law Reference[1964] 2 SCR 567 distinguishedPara 12[1983] 1 SCR 922 distinguishedPara 13CIVIL APPELLATE JURISDICTION: Civil Appeal No.5936 of
From the Judgment and Order dated 12.09.2018 of the High Courtof Judicature of Bombay Bench at Aurangabad in Writ PetitionNo. 5599 of 2018.
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AB. H. Marlapalle, Sr. Adv., Ms. Astha Prasad, Ajit Wagh, ApoorvShukla, Ms. Astha Prasad, Advs. for the Appellants.
Vinay Navare, Sr. Adv, Ms. Gwen Karthika, Ms. Abha R. Sharma,Advs. for the Respondents.
The Judgment of the Court was delivered byB
UDAY UMESH LALIT, J.
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1. Leave granted.
2. This appeal challenges the judgment and final order dated12.09.2018 passed by the High Court[1]dismissing Writ Petition No.5599Cof 2018 preferred by the appellants herein.
3. Kopargaon Taluka SakharKamgar Sabha (hereinafter referredto as ‘the Sabha’ for short) was registered on 30.06.1951 as aRepresentative Union under the provisions of the Act[2]. The affairs ofthe Sabha are governed by its Constitution and by the provisions of theDAct. Clauses 10 and 11 of the Constitution deal with the ManagingCommittee of the Sabha while clause 15 deals with the General Councilof the Sabha. Said clauses are to the following effect:
“Clause 10 The Managing Committee of the Sabha shall consistof not more than 70 members, including one President, not moreEthan Seven Vice-Presidents, one General Secretary and not morethan Seven Secretaries, one Treasurer and Two Legal Advisers,elected at the Annual General Meeting.
Clause 11. The Management of the Sabha shall be vested in theManaging Committee of the Sabha elected by the General Council.
FClause 15.(a) The General Council of the Sabha shall consist ofdelegates elected in a meeting of members of each factory calledfor the purpose, on the basis of one delegate for every 30 membersordinary or honorary of the Sabha from each factory (or a partthereof above 20) provided that minimum representation shall beGone.
(b) The election of the delegates of the General Council of Sabhashall be held in March or April after every five years, providedthat in case of a vacancy occurring during the years it shall be 1High Court of Judicature at Bombay, Bench at Aurangabad H2The Trade Unions Act, 1926
KARBHARI AND OTHERS v. DEEPAK V. CHENGEDEAND OTHERS [UDAY UMESH LALIT, J.]
filled by a by-election from the constituency represented byvacating members.
(c) The delegates of the General Council elected by the membersshall continue to be delegates until replaced by the members.”
4. Thus, the members of the Sabha would first elect the delegatesto the General Council of the Sabha. In terms of Clause 15(a) the ratioprescribed is one delegate for every 30 members and the elections areto be held every five years. Further, in terms of Clauses 10 and 11, theGeneral Council, in turn, would elect the Managing Committee of theSabha consisting of not more than 70 members.
5. It is a matter of record that the members of the Sabha comefrom seven Units, namely, SanjivaniSahakariSakharKarkhana, KaleSahakariSakharKarkhana (Kolapewadi), Changdeonagar, Sakarwadi,Laxmiwadi, Ganeshnagar and Godavari Bio Refinaries and the strengthof workers of each of these seven units is 1428, 1171, 627, 185, 247, 232and 277 respectively. Though the Constitution of the Sabha does notstrictly prescribe any Unit wise representation, it appears that by way ofconsistent practice out of 142 delegates to be elected to the GeneralCouncil the unit wise composition of the delegates has been 48, 39, 21, 6,9, 8 and 11 respectively insofar as all the aforesaid seven units areconcerned. It also appears to be a matter of practice that seven VicePresidents and seven Secretaries would be elected from and amongstthe members of each of those seven units thereby giving equitablerepresentation to individual units.
6. The matters concerning election to the General Council andthe Managing Committee of the Sabha were pending in the High Courtand by its order dated 23.04.2018 the High Court directed that the electionbe held as per the Constitution of the Sabha. The process was, therefore,undertaken and the Election Officer declared the election programmeon 07.05.2018. Insofar as the elections to the posts of seven VicePresidents and seven Secretaries are concerned, true translation of theelection programme was as under:
(A) Qualification for candidate: worker from concerned branchor honorary member of the union.
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A(B) Requirement of application of the candidate:
Any 1 member elected from concerned branch on generalcouncil as proposer and Any 1 member elected from concernedbranch on general council as seconder.
(C) Voters: members of general council from concerned branch.
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Secretary
Seat – 71 for each branch
(A) Qualification for candidate: Worker member from concernedbranch or honorary member of the union.
(B) Requirement of application of the candidate: Any 1 memberCelected from concerned branch on general council as proposerand Any 1 member elected from concerned branch on generalcouncil as seconder.
(C) Voters: members of general council from concerned branch.”
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7. The Election Officer also declared that eight seats would bereserved for “women” while rest 43 seats of Executive Members wouldbe reserved for “men”. The stipulation in that behalf was as under:
“A. Women constituency:Seats- 8
EA) Qualification for candidate: any women member or honorarywoman member.
B) Requirement of application of the candidate: Any 1 womanmember of general council as proposer and Any 1 woman memberof general council as seconder.
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C) Voters: members of general council from concerned branch.
B. Male Executive members: Seats - 43
Distribution of 43 seats:
1. Sanjivani branch15
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2. Gaumtanaar branch12
3. Sakarwadi branch3
4. Changdevnagar branch6
5. Ganeshnagar branch
H
6. Laxmiwadi branch27. Godavari bio refineries3
Qualification for candidate: Any member from concerned branchand general council member of concerned branch.
Requirement for application of the candidate: 1 member electedfrom concerned branch on general council as proposer and 1member as seconder.
Voters: members of general council from concerned branch (onlyfor same branch).”
8. The challenge to the Election Programme was raisedimmediately before the Industrial Court at Ahmednagar by certainmembers of the Sabha submitting, inter alia, that the Election Programmeand the stipulation therein were contrary to the provisions of theConstitution of the Sabha and as such the Programme deserved to bequashed. The Industrial Court, Ahmednagar by its order dated 05.06.2018accepted the challenge and while quashing the Election Programme,itdirected as under:
“The Election Officer shall conduct the election as per constitutionwithout insisting for undertaking-wise election for the post of Vice-President and Secretary. There shall be no reservation forwomen.”
9. The appellants who are also members of the Sabha, challengedthe decision of the Industrial Court, Ahmednagar by filing Writ PetitionNo.5599 of 2018 in the High Court which by its judgment and orderpresently under appeal found that no interference was called for anddismissed the writ petition.
10. In this appeal challenging the correctness of the decision ofthe High Court, we heard Mr. B.H. Marlapalle, learned Senior Counselfor the appellants and Mr. Vinay Navare, learned Senior Counsel for therespondents.
11. The order of the Election Officer contemplated followingstipulations which were not part of the Constitution of the Sabha:
(a) Unit wise reservation to the posts of Vice-Presidents andSecretaries whereunder all seven units would elect Vice-Presidents and A
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ASecretaries independently and the Electoral College in that behalf wouldbe each of those units and not the General Body of members.
(b) Certain reservation was stipulated for women, namely, eightseats were reserved for women. Though the Electoral College wassupposed to be members from the concerned unit or branch, it was notBclear how seven units could be electing eight women executive members.
12. Mr. Marlapalle, learned Senior Counsel fairly accepted thatthe stipulations made by the Election Officer carving out ElectoralColleges and concept of reservation as mentioned above were notconsistent with the Constitution of the Sabha. He however submittedCthat the idea of having separate Electoral Colleges for each of thoseseven units would give adequate representation to every unit. Accordingto him, though the Constitution of the Sabha may be completely silentinsofar as those issues are concerned, there was no prohibition to adoptsuch ideas, which in any case, were completely laudable and reasonable.It was submitted by him that in certain cases what is not prohibited canDcertainly be permitted. He relied upon the decision of this Court reportedin Laxmidas Dayabhai Kabarwala v. Nanabhai Chunilal Kabarwala3,the relevant portion being:- “11. The question has therefore to be considered on principle asto whether there is anything in law — statutory or otherwise —Ewhich precludes a court from treating a counter-claim as a plaintin a cross-suit. We are unable to see any. No doubt, the CivilProcedure Code prescribes the contents of a plaint and it mightvery well be that a counter-claim which is to be treated as across-suit might not conform to all these requirements but this byFitself is not sufficient to deny to the Court the power and thejurisdiction to read and construe the pleadings in a reasonablemanner.”
13. Referring to the decision of this Court reported in NationalTextile Workers’ Union and others v. P.R. Ramakrishnan andGothers[4 ]where the workers were given a right to be heard in winding uppetition, Mr. Marlapalle, learned Senior Counsel relied upon the followingobservations:
H
3 (1964) 2 SCR 567 at 578
KARBHARI AND OTHERS v. DEEPAK V. CHENGEDEAND OTHERS [UDAY UMESH LALIT, J.]
“7. ……… The right to apply for winding up of a companybeing a creature of statute, none other than those on whom theright to present a winding up petition is conferred by the statutecan make an application for winding up a company and no suchright having been conferred on the workers, they cannot prefer awinding up petition against a company. But from this exclusion ofthe workers from the right to present a winding up petition, it doesnot follow as a necessary consequence that the workers have noright to appear and be heard in a winding up petition filed by oneor more of the persons specified in Section 439.”
14. The factsand the circumstances in which the above-mentionedobservations were made by this Court were completely distinct anddifferent. The first case concerned the power of the Court to grantadequate relief while in the second case the issue was if in the ultimateanalysis the company was to be wound up, the workers would beadversely affected and as such whether they should be given a right ofhearing in winding up proceedings or not. Those cases were of completelydifferent dimension, whereaswe are presently concerned with the issuewhether an election to a union of workers has to be in accordance withits constitution or otherwise. However laudable may be the objectives,the Election Officer could not have gone beyond the confines of theConstitution of the Sabha and could not have imported ideas which werenot rooted in the Constitution of the Sabha. It may be that as a matter ofpractice, various panels which contested elections to the Sabha, wereensuring that there be equitable distribution and every unit was adequatelyrepresented. But that idea cannot be implemented through ElectionProgramme. The Programme must be completely in accord with thegoverning Statute and the Constitution of the Sabha. In the absence ofthe idea of unit wise representation and reservation emanating eitherfrom the governing Statute or the Constitution of the Sabha, the ElectionProgramme cannot by itself, invent and implement such idea.
15. The Industrial Court as well as the High Court were completelyjustified in taking the view as aforesaid. We, therefore, find no merit inthe submissions advanced by the learned Senior Counsel for theappellants. This appeal is consequently dismissed. No costs.
Divya Pandey
Appeal dismissed.
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