JUDGMENT
Soumitra Pal, J.
1. In the writ petition, the petitioner No.1 is the ‘Employees’ Association affiliated to the 12th July Committee. It is a trade union registered under the Trade Unions Act, 1926. The respondent No. 2 is its General Secretary. The contentions of the petitioners are that though majority of the members are in support of the petitioner No. 1 and are the actual office bearers of the said trade union, that is petitioner No. 1, and though the petitioners by letter dated 18th January, 2005 demanded before the respondent Nos. 1 and 2 to declare the petitioner No. 1 as the real committee but the said respondent by letter dated 24th March, 2005 intimated that the Registrar of Trade Unions was not empowered to declare the petitioner No. 1 as the sole bearer of the union. Submission is made under Section 8 of the Trade Unions Act, 1926 (for short ‘the Act’) the Registrar, on being satisfied that the Trade Union has complied with all the requirements under the Act in regard to registration, shall register the Trade Union by entering in the register, but he is not competent to hold elections. However, it is submitted that in the facts and circumstances, the Court may direct the Registrar to hold elections of the office bearers of the Association. Reliance is placed on the judgment of the Calcutta High Court in Oil and Natural Gas Commission Workmen’s Association and Ors. v. State of West Bengal and Ors., reported in 1988 Lab. I’D. 555 and the judgment of the Apex Court in North-Eastern Railway Employees Union and Ors. v. Bird Additional District Judge, Farukhabad and Ors., in support of his contentions.
2. Mr. Patranabis, learned advocate on behalf of the State authorities, submits though the Registrar of Trade Unions is not the authority to hold elections, however, under special circumstances, the Registrar or any officer authorized by him may be directed to conduct elections. 3. Heard learned advocates for the parties.
4. In the writ petition, the petitioners have prayed for several reliefs. The relevant prayers are as under :
“(a) A Writ of or in the nature of Mandamus commanding the respondent No. 1 to make an enquiry regarding the member strength of the petitioner No. 1 affiliated to 12th July Committee and being satisfied to declare them as the real office bearer of the said Trade Union having Registration No. 7016 dated 22.6.1967;
(b) A Writ of or in the nature of Certiorari commanding the respondents to produce the entire records of the case so that conscionable justice be done by directing the Respondent No 1 to make an enquiry regarding the members strength of the petitioner No. 1 affiliated to 12th July Committee and being satisfied to declare them as the real office bearer of the said Trade Union having Registration No. 7016 dated 22.06.1967.”
5. In my view the position of law is well-settled. In Oil and Natural Gas Commission Workmen’s Association (supra) directions were issued as under :
“10… Considering all the aspects and for the foregoing reasons the Registrar of Trade Unions is appointed as a Special Officer and/or is conferred with such rights to conduct the election afresh of the office bearers of Oil and Natural Gas Commission Workmen’s Association bearing the Registration No. 10641 within two months from the date of communication of the order by verifying the voter’s list and by asking the intending parties to file the nomination papers and to hold the election by secret ballots and to declare the result of the election according to law and thereafter record the names of the persons so elected under Sections 8 and 28 of the Trade Unions Act….”
6. The Apex Court In the matter of North-Eastern Railway Employees Union and Ors. (supra), while disposing of the Special Leave Petition directed as under:
“2… The Registrar of Trade Unions is the authority charged with the duty of administering the provisions of the Trade Unions Act. The High Court was obviously in error in designating the General Manager, North-Eastern Railway as the authority to hold elections of the Trade Union. We accordingly grant special leave, modify the direction made by the High Court and direct instead that the elections will be held under the supervision of the Registrar of Trade Unions or by an officer designated by him for that purpose….”
7. In view of the facts and circumstances and since the position of law well-settled, I appoint the Registrar of Trade Unions as a Special Officer to hold the elections of the office bearers of the West Bengal Warehousing Corporation Employees’ Association. The elections shall be held within a period of four months from the date of the communication of this order after verifying the voter’s list and publishing the same, after proper notification and by asking the intending parties to file nomination papers. I make it clear that the elections are to be held by secret ballot. After the declaration of results, the names of the persons elected shall be registered in accordance with the provisions of Section 8 of the Act.
8. The writ petition is disposed of.
9. Let the affidavit of service filed be kept with the records.
10. There will be no order as to costs.
11. Urgent xerox certified copy of this order be given to the appearing parties, if applied for, on priority basis.