Writ Against Private Company for Union Recognition Not Maintainable | HC

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  • Last Updated on 20 February, 2026

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Trade union recognition

Case Details: Ruchi Soya Industries Ltd. Contractor’s Workers’ Union vs. Labour Commissioner & Special Secretary to the Government of West Bengal [2026] 183 taxmann.com 251 (HC-Calcutta)

Judiciary and Counsel Details

  • Shampa Dutt (Paul), J.
  • Ranjit Kr. Jaiswal, Md. Ali Jinnah & Nandalal Pradhan for the Petitioner.
  • Soumya Majumder, Sr. Adv., Ms Sanjukta Dutta & Kinnor Ghosh for the Respondent.

Facts of the Case

In the instant case, the petitioner trade union was not recognised by the employer. Meanwhile, the respondent no. 4 union was recognised by the employer, a listed contractor, and the matter was settled with the respondent no. 4 union by way of a memorandum of settlement.

The petitioner filed the writ petition praying for direction upon the respondents to grant the recognition to the petitioner to participate as a constituent of the joint bargaining council and to derecognise the respondent no. 4 by declaring that the formation of respondent no. 4 was totally illegal and in contravention of section 7(2) of the Trade Union Act, 1926.

The High Court noted that the petitioner had not taken recourse to the provision of section 28A of the Trade Union (West Bengal Amendment) Act, 1983.

High Court Held

The High Court held that the proper forum for recognition of a trade union was the respondent no. 5, the Registrar of trade unions, whom the petitioner/union had not approached. Thus, the writ petition was not maintainable and was to be dismissed.

List of Cases Referred to

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Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied