Case Note & Summary
The appellant, Navyuvan Karmchari Seva Sangh, is a registered trade union under the Indian Trade Unions Act, 1926, with registration number G/S/5/2014 dated 17.07.2014. The union was formed to organize and unite the staff of Surat Municipal Corporation and work for their benefits. The union was granted a license to occupy premises of the corporation vide letter dated 30.05.2018. The issue arose when the corporation issued an eviction notice on 12.11.2025, giving 10 days time to produce documents, but forcibly evicted the union on 19.11.2025 before the expiry of the notice period. The union filed a writ petition which was dismissed by the learned Single Judge, leading to the present intra-court appeal. The legal issue was whether the eviction was illegal and violative of principles of natural justice. The appellant argued that the eviction was premature and without proper hearing. The respondents contended that the eviction was justified. The court analyzed that the eviction was carried out before the expiry of the notice period and without giving the union an opportunity to be heard, which violated principles of natural justice. The court held that the eviction was illegal and set aside the order of the learned Single Judge, allowing the appeal and directing restoration of possession to the union.
Headnote
A) Trade Union Law - Eviction of Licensee - Principles of Natural Justice - Indian Trade Unions Act, 1926 - The appellant, a registered trade union, was granted a license to occupy premises of Surat Municipal Corporation. The Corporation issued an eviction notice on 12.11.2025 giving 10 days time to produce documents, but forcibly evicted the union on 19.11.2025 before the expiry of the notice period. The court held that the eviction was illegal and in violation of principles of natural justice as the union was not given a reasonable opportunity to be heard. (Paras 1-5)
Issue of Consideration
Whether the eviction of the appellant trade union from the premises licensed to it by the Surat Municipal Corporation was illegal and violative of principles of natural justice.
Final Decision
The appeal is allowed. The order of the learned Single Judge is set aside. The respondents are directed to restore possession of the premises to the appellant within a period of four weeks from today.
Law Points
- Principles of natural justice
- Licensee eviction
- Notice period
- Trade union rights
- Right to hearing
