Case Note & Summary
The petitioner, M/s. Wonderla Holidays Limited, a public limited company running amusement parks, challenged an order dated 16.09.2017 passed by the Assistant Labour Commissioner, Bengaluru Division, which declared five workmen of the petitioner as 'Protected Workmen' for the year 2017-18. The respondent No.2, Wonderla Karmika Sangha, a trade union, had applied for such declaration. The petitioner contended that the union was not registered under the Trade Unions Act, 1926, and therefore, its office bearers were not entitled to protection under Section 33 of the Industrial Disputes Act, 1947. The court examined the definition of 'trade union' under the Industrial Disputes Act, 1947 and the Trade Unions Act, 1926, and held that only a registered trade union can claim the benefit of Section 33. The Assistant Labour Commissioner's order was quashed, and the writ petition was allowed. The court also noted that the service conditions were governed by Certified Standing Orders, but this did not alter the legal position regarding registration.
Headnote
A) Industrial Law - Protected Workmen - Section 33 of Industrial Disputes Act, 1947 - Registration of Trade Union - The core issue was whether an unregistered trade union can seek declaration of its office bearers as protected workmen under Section 33 of the Industrial Disputes Act, 1947. The court held that only a trade union registered under the Trade Unions Act, 1926 is entitled to such protection, as the definition of 'trade union' in the Industrial Disputes Act, 1947 must be read in conjunction with the Trade Unions Act, 1926. The Assistant Labour Commissioner's order declaring five workmen as protected workmen was quashed as the union was not registered. (Paras 1-10)
B) Industrial Law - Standing Orders - Certified Standing Orders - The court noted that the service conditions of the workmen were governed by Certified Standing Orders and appointment terms, but this did not affect the core issue of union registration. (Para 2)
Issue of Consideration
Whether a trade union which is not registered under the Trade Unions Act, 1926 can claim the benefit of Section 33 of the Industrial Disputes Act, 1947 for its office bearers to be declared as protected workmen.
Final Decision
The writ petition is allowed. The order dated 16.09.2017 passed by the Assistant Labour Commissioner, Bengaluru Division, is quashed.
Law Points
- Protected workmen
- Section 33 Industrial Disputes Act
- 1947
- Trade Unions Act
- 1926
- Registration of trade union
- Standing Orders
- Industrial Disputes (Karnataka) Rules
- 1957
Case Details
2018 LawText (KAR) (11) 5
Writ Petition No.46712/2017 (L-RES)
Sri Prashanth B. K. for petitioner; Sri Anantharam T. S. for respondent No.2; Sri Vasanth V. Fernandies for respondent No.1; Sri Subba Rao, Sri P. S. Rajgopal, Sri S. N. Murthy, Sri Pradeep Sawkar as Amicus Curiae
M/S. Wonderla Holidays Limited
Assistant Labour Commissioner, Bengaluru Division-1; Wonderla Karmikara Sangha
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Assistant Labour Commissioner declaring five workmen as protected workmen.
Remedy Sought
Petitioner sought quashing of the order dated 16.09.2017 passed by the Assistant Labour Commissioner.
Filing Reason
The Assistant Labour Commissioner declared five workmen of the petitioner as protected workmen despite the trade union not being registered under the Trade Unions Act, 1926.
Previous Decisions
The Assistant Labour Commissioner passed the order dated 16.09.2017 declaring five workmen as protected workmen for the year 2017-18.
Issues
Whether an unregistered trade union can claim protection under Section 33 of the Industrial Disputes Act, 1947 for its office bearers to be declared as protected workmen.
Submissions/Arguments
Petitioner argued that the trade union was not registered under the Trade Unions Act, 1926, and therefore its office bearers are not entitled to protection under Section 33 of the Industrial Disputes Act, 1947.
Respondent No.2 contended that the union was a trade union within the meaning of the Industrial Disputes Act, 1947 and thus entitled to protection.
Ratio Decidendi
Only a trade union registered under the Trade Unions Act, 1926 can claim the benefit of Section 33 of the Industrial Disputes Act, 1947 for its office bearers to be declared as protected workmen. An unregistered trade union is not entitled to such protection.
Judgment Excerpts
Aggrieved by the order dated 16.09.2017, passed by the Assistant Labour Commissioner, ('the learned Commissioner', for short), Bengaluru Division, whereby the learned Commissioner has declared five workmen of the appellant as 'Protected Workmen', for the year 2017-18, the petitioner, M/s. Wonderla Holidays Limited, has approached this court.
Briefly the facts of the case are that the petitioner is a Public Limited Company incorporated under the Companies Act, 1951.
Procedural History
The Assistant Labour Commissioner passed an order on 16.09.2017 declaring five workmen as protected workmen. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka challenging that order. The petition was heard and reserved for orders on 01.10.2018 and pronounced on 05.11.2018.
Acts & Sections
- Industrial Disputes Act, 1947: Section 33
- Trade Unions Act, 1926:
- Constitution of India: Articles 226, 227
- Companies Act, 1951:
