The Calcutta High Court recently quashed a series of notices issued by the Registrar of Trade Unions, West Bengal, which sought to bar retired or retrenched employees from holding offices in trade unions. The bench of Justice Shampa Dutt (Paul) found that the notices, dated April 8, 2025, May 7, 2025, and May 29, 2025, were in “complete violation” of the relevant statutory provisions under the Trade Unions Act, 1926.
In its judgment, the Court emphasised that the explanation to subsection (2) of Section 22 of the Act makes it clear that an employee who has retired or been retrenched “shall not be construed as an outsider for the purpose of holding an office in a trade union”. The Court held that by seeking to treat such former employees as outsiders, the Registrar’s direction was “totally inconsistent with the provisions of the 1926 Act”. The Court criticised the Registrar’s interpretation as erroneous and beyond the scope of his powers.
The Court observed that “a piece of legislation is not for the executive to distort according to their whims to suit their purpose best known to them.” It found that the constitution of the office-bearers in the petitioner unions had been carried out in full compliance with Section 22(2) and its Explanation, as well as with the precedent of the Bokajan Cement Corporation Employees’ Union vs Cement Corporation of India Ltd.. Accordingly, the Court allowed the writ petitions and set aside the notices issued by the Registrar as being beyond the scope of the Act and therefore not in accordance with law.
This decision reinforces the principle that executive or administrative action must conform to the letter and spirit of the statute, and cannot amend or distort legislative mandates through mere administrative oversight.
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