Shri Mata Vaishno Devi Shrine ... vs State & Ors
2023 Latest Caselaw 1237 j&K

                                                                    Sr. No. 4


                  HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                AT JAMMU


                                                  OWP no. 887/2003

Shri Mata Vaishno Devi Shrine Board                   ....Petitioner/Appellant(s)

                      Through :- Mr. Adarsh Sharma, Advocate.


            V/s

State & ors.                                                  ....Respondent(s)


                      Through :- Mr. Dewakar Sharma, Dy. AG for R-2.
                                 Mr. Vilakshana Singh, Adv. for R-3.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                    ORDER

08.06.2023 The present writ petition came to be filed on 17.09.2003 by

Shri Mata Vaishno Devi Shrine Board. Through the medium of this writ

petition, the petitioner intends to check the Safai Karamcharis engaged by it

to form themselves into a trade union under the Trade Unions Act, 1926.

The premise on which this writ petition proceeds is that the petitioner is not

an industry and as such its employees cannot be reckoned as workmen so

as to be entitled to form themselves into a trade union.

The trade union in reference in this case came to be constituted by

virtue of a registration no. 1165 dated 05.08.2003 when the Registrar of

Trade Unions (Labour Commissioner), Jammu came to issue certificate of

registration of Trade Union in favour of the Shrine Board Safai Karamchari

Union, Katra. It is this recognition and registration of Shrine Board Safai

Karamchari Union, Katra which is under challenge in the present writ

petition.

2 OWP no. 887/2003

Before this trade union came into picture, a trade union in the

name of Shrine Board Employees Union had come to earn its registration

as trade union vide registration no. 768 dated 11.12.1990. The registration

of this trade union came to be withdrawn by the Registrar Trade Unions

Jammu and Kashmir, Jammu vide a subsequent order dated 18.01.1991

against which an appeal came to be preferred by the aggrieved de-

registered trade union on file no. 35/Civ. App. before the District Judge,

Udhampur who, vide his order dated 14.05.1991, came to dismiss the

appeal.

This Court in terms of an order dated 09.06.2005, taking

cognizance of said order dated 14.05.1991 passed by the District Judge,

Udhampur as an appellate authority, came to order stay of registration of

the respondent no. 3- Shrine Board Safai Karamcharis Union, Katra as a

trade union effected vide order no. 1165 dated 05.08.2003.

The moot point in this writ petition is as to whether the law

disentitles the Safai Karamcharis of Shri Mata Vaishno Devi Shrine Board

to constitute themselves into a trade union and get it registered under the

Trade Unions Act, 1926.

Trade Union is defined in Section 2(h) of the Trade Unions Act,

1926. Section 6 of the Trade Unions Act, 1926 lays down the requirements

before a Union comes forward with a claim for recognition as a Trade

Union. Formation of a Trade Union under the Trade Unions Act, 1926

cannot be seen exclusively from the lens of the employer of the employees

who are constituting themselves into a Trade Union. In fact, the spirit of

the Trade Unions Act, 1926 in granting recognition to a Trade Union is also 3 OWP no. 887/2003

with respect to the welfare of the members of the Trade Union. Section 4

of the Trade Unions Act, 1926 in addition to an industry also envisages an

establishment of whose employees can get together to form a Trade Union.

In this case, the issue which is required to be examined is whether

the petitioner can come in the way of the fundamental rights of its Safai

Karamcharis under Article 19(c) of the Constitution of India which

guarantees any citizen/citizens to form associations or unions or

cooperative societies.

In support of the status of the respondent no. 3, learned counsel

appearing for the respondent no. 3 cites judgments of the Hon'ble Supreme

Court in case titled 'Tirumala Tirupati Devsthanam vs. Commissioner

of Labour' reported in 1995 Supp 3 SCC 653 and 'Government Tool

Room and Training Centre's Supervisory and Officers' Association,

Bangalore and anr vs. Assistant Labour Commissioner and Deputy

Registrar of Trade Unions, Bangalore Division-I, Bangalore and ors'

reported in (2002) 3 SCT 40.

Mr. Adarsh Sharma, learned counsel appearing for the petitioner

is called upon by this Court to address submissions on the aforesaid stated

aspects of the case on the next date of hearing.

List again on 25.07.2023.

(RAHUL BHARTI) JUDGE

JAMMU 08.06.2023 NARESH/PS

NARESH KUMAR 2023.06.13 08:53 I attest to the accuracy and integrity of this document