1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8021 OF 2005 WRIT PETITION NO.8021 OF 2005 WRIT PETITION NO.8021 OF 2005 Sanjay Abhyankar & Anr. ...Petitioners Sanjay Abhyankar & Anr. ...Petitioners Sanjay Abhyankar & Anr. ...Petitioners Vs. Vs. Vs. Santosh Mhaske (Administrator) Santosh Mhaske (Administrator) Santosh Mhaske (Administrator) & Ors. ...Respondents & Ors. ...Respondents & Ors. ...Respondents ----- ----- ----- Mr. A.D.Patwardhan Adv. for Petitioners Mr. A.D.Patwardhan Adv. for Petitioners Mr. A.D.Patwardhan Adv. for Petitioners Respondent No.1 in person Respondent No.1 in person Respondent No.1 in person Mr. P.M. Huddar Adv. with Mr. A.S.Rao Adv. for Mr. P.M. Huddar Adv. with Mr. A.S.Rao Adv. for Mr. P.M. Huddar Adv. with Mr. A.S.Rao Adv. for Respondent No.2 Respondent No.2 Respondent No.2 Mr. K.S. Bapat Adv. with Mr. A.N.Fatangare Adv. for Mr. K.S. Bapat Adv. with Mr. A.N.Fatangare Adv. for Mr. K.S. Bapat Adv. with Mr. A.N.Fatangare Adv. for Respondent No.3. Respondent No.3. Respondent No.3. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. DATED: 30TH NOVEMBER , 2005 DATED: 30TH NOVEMBER , 2005 DATED: 30TH NOVEMBER , 2005 P.C. P.C. P.C. . Rule. Heard forthwith. . Rule. Heard forthwith. . Rule. Heard forthwith. 2. The Petitioners are aggrieved by the order 2. The Petitioners are aggrieved by the order 2. The Petitioners are aggrieved by the order dated 7th October 2005 whereby the applicaation made dated 7th October 2005 whereby the applicaation made dated 7th October 2005 whereby the applicaation made by them to hold fresh elections of General Council and by them to hold fresh elections of General Council and by them to hold fresh elections of General Council and Office bearers of Bank Karmachari Sangh has been Office bearers of Bank Karmachari Sangh has been Office bearers of Bank Karmachari Sangh has been rejected. rejected. rejected. 3. Petitioners raised the dispute as to the 3. Petitioners raised the dispute as to the 3. Petitioners raised the dispute as to the Office bearers of the Bank Karmachari Sangh. Pursuant Office bearers of the Bank Karmachari Sangh. Pursuant Office bearers of the Bank Karmachari Sangh. Pursuant to that dispute a reference came to be made with the to that dispute a reference came to be made with the to that dispute a reference came to be made with the Industrial Court. During pendency of the dispute it Industrial Court. During pendency of the dispute it Industrial Court. During pendency of the dispute it appears that Office Bearers who claim that they were appears that Office Bearers who claim that they were appears that Office Bearers who claim that they were the Office bearers held elections for the year the Office bearers held elections for the year the Office bearers held elections for the year 2 2005-2008 and informed the Officer under Trade Union 2005-2008 and informed the Officer under Trade Union 2005-2008 and informed the Officer under Trade Union Act that this was done pursuant to the orders of this Act that this was done pursuant to the orders of this Act that this was done pursuant to the orders of this Court. From proceeding before the Industrial Court Court. From proceeding before the Industrial Court Court. From proceeding before the Industrial Court the matter came to this Court in Writ Petition No.3921 the matter came to this Court in Writ Petition No.3921 the matter came to this Court in Writ Petition No.3921 of 2005. By order dated 22nd July 2005, learned Bench of 2005. By order dated 22nd July 2005, learned Bench of 2005. By order dated 22nd July 2005, learned Bench of this Court directed appointment of Administrator of this Court directed appointment of Administrator of this Court directed appointment of Administrator pending decision of the reference by the Industrial pending decision of the reference by the Industrial pending decision of the reference by the Industrial Court and further issued direction to dispose of the Court and further issued direction to dispose of the Court and further issued direction to dispose of the reference preferably by 31st December 2005. It is reference preferably by 31st December 2005. It is reference preferably by 31st December 2005. It is pointed out that the Industrial Court was empowered to pointed out that the Industrial Court was empowered to pointed out that the Industrial Court was empowered to consider the question, if any, of consequential consider the question, if any, of consequential consider the question, if any, of consequential directions including holding of elections. directions including holding of elections. directions including holding of elections. 4. Learned Counsel submits that the order of this 4. Learned Counsel submits that the order of this 4. Learned Counsel submits that the order of this Court therefore, even permitted holding of elections Court therefore, even permitted holding of elections Court therefore, even permitted holding of elections by directions issued by the Industrial Court and in by directions issued by the Industrial Court and in by directions issued by the Industrial Court and in these circumstances the failure of Industrial Court to these circumstances the failure of Industrial Court to these circumstances the failure of Industrial Court to exercise its jurisdiction is without jurisdiction and exercise its jurisdiction is without jurisdiction and exercise its jurisdiction is without jurisdiction and conseuentially the order is liable to be set aside. conseuentially the order is liable to be set aside. conseuentially the order is liable to be set aside. 5. We have heard learned Counsel for the parties. 5. We have heard learned Counsel for the parties. 5. We have heard learned Counsel for the parties. The issue before the Industrial Court is as to who The issue before the Industrial Court is as to who The issue before the Industrial Court is as to who were the duly elected office bearers. It is the duly were the duly elected office bearers. It is the duly were the duly elected office bearers. It is the duly elected office beaarers who have right to hold elected office beaarers who have right to hold elected office beaarers who have right to hold elections. The democratic concept of holding elections. The democratic concept of holding elections. The democratic concept of holding elections cannot be substituted by the Court directing elections cannot be substituted by the Court directing elections cannot be substituted by the Court directing holding of elections unless there are such special holding of elections unless there are such special holding of elections unless there are such special circumstances warranting directions for holding of the circumstances warranting directions for holding of the circumstances warranting directions for holding of the 3 elections. The dispute before the Industrial Court elections. The dispute before the Industrial Court elections. The dispute before the Industrial Court arises out of the reference by the Petitioners, arises out of the reference by the Petitioners, arises out of the reference by the Petitioners, questioning the right of the persons claiming office questioning the right of the persons claiming office questioning the right of the persons claiming office bearers to continue as office bearers. The issue will bearers to continue as office bearers. The issue will bearers to continue as office bearers. The issue will have to be resolved by the Industrial Court in the have to be resolved by the Industrial Court in the have to be resolved by the Industrial Court in the pending reference by deciding who are the office pending reference by deciding who are the office pending reference by deciding who are the office bearers holding office and who then have right to hold bearers holding office and who then have right to hold bearers holding office and who then have right to hold the elections. the elections. the elections. . Considering the above we do not think this to . Considering the above we do not think this to . Considering the above we do not think this to be a fit case where we should exercise our extra be a fit case where we should exercise our extra be a fit case where we should exercise our extra ordinary jurisdiction. However, we may only make an ordinary jurisdiction. However, we may only make an ordinary jurisdiction. However, we may only make an observation that on the Industrial Court disposing of observation that on the Industrial Court disposing of observation that on the Industrial Court disposing of the reference in terms of the order issued by the the reference in terms of the order issued by the the reference in terms of the order issued by the Court, whoever are held to be office bearers to Court, whoever are held to be office bearers to Court, whoever are held to be office bearers to complete the election process in terms of bylaws of complete the election process in terms of bylaws of complete the election process in terms of bylaws of the Union within a period of 6 weeks from the date of the Union within a period of 6 weeks from the date of the Union within a period of 6 weeks from the date of the order. the order. the order. (F.I.REBELLO J.) (F.I.REBELLO J.) (F.I.REBELLO J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)