NDLI: Karbhari and Others Vs. Deepak V. Chengede and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	election to the General Council election be held as per the Constitution of the Sabha Trade Unions Act 1926 Kopargaon Taluka Sakhar Kamgar Sabha
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Trade Unions Act, 1926 (16 of 1926)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Trade Unions Act, 1926 – Kopargaon Taluka Sakhar Kamgar Sabha was registered as Representative Union under the Act and was governed by its Constitution and the provisions of the Act – Members of the Sabha come from seven Units – Matters concerning election to the General Council and the Managing Committee of the Sabha were pending in the High Court – High Court directed that the election be held as per the Constitution of the Sabha – Election Officer declared the election programme stipulating Unit wise reservation to the posts of Vice-Presidents and Secretaries wherein all seven units would elect Vice-Presidents and Secretaries independently and the Electoral College in that behalf would be each of those units and not the General Body of members and further, 8 seats would be reserved for “women” while rest 43 seats of Executive Members would be reserved for “men” – Industrial Court quashed the Election Programme – Appellants, members of the Sabha challenged the decision – Dismissed – Plea of appellants that the stipulations made by the Election Officer carving out Electoral Colleges and concept of reservation were though not consistent with the Constitution of the Sabha however, there was no prohibition to adopt such ideas, which were completely laudable and reasonable – Held: However laudable may be the objectives, the Election Officer could not have gone beyond the confines of the Constitution of the Sabha and could not have imported ideas which were not rooted in the Constitution of the Sabha – As a matter of practice, various panels contesting elections to the Sabha were ensuring that there be equitable distribution and every unit was adequately represented, but that idea cannot be implemented through Election Programme – Programme must be completely in accord with the governing Statute and the Constitution of the Sabha – In the absence of the idea of unit wise representation and reservation emanating either from the governing Statute or the Constitution of the Sabha, the Election Programme cannot by itself, invent and implement such idea – Industrial Court as well as the High Court were completely justified in taking the view as aforesaid.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 834
Petitioner	Karbhari And Others
Respondent	Deepak V. Chengede And Others
SCR	[2019] 10 S.C.R. 924
Judgement Date	2019-07-30
Case Number	5936

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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