Writ Against Private Company for Union Recognition Not Maintainable | HC

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

• Municipal Corporation of Greater Mumbai v. Rafiqunnisa M. Khalifa (2019) 5 SCC 119 (para 16)
• Steel Authority of India v. Union of India 2006 taxmann.com 2908 (SC) (para 16)
• National Engineering Industries Ltd. v. State of Rajasthan [2000] 1999 taxmann.com 2403 (SC) (para 16)
• ITC Ltd. Workers’ Welfare Association v. Management of ITC Ltd. 2002 taxmann.com 4941 (SC) (para 16)
• All India UCO Bank Staff Federation v. UCO Bank 2014 SCC Online Cal 5060 (para 16)
• All India Bank Employers’ Association v. National Industrial Tribunal (Bank Disputes) AIR 1962 SC 171 (para 16)
• UCO Bank Employees’ Association v. UCO Bank (2014 Lab IC 1807) (para 16)
• All India UCO Bank Staff Federation v. UCO Bank [2017] 12 taxmann.com 955 (Calcutta) (para 16)
• Calcutta Gas Company (Proprietary) Ltd. v. State of West Bengal AIR 1962 SC 1044 (para 16).