Summary
An Election Officer could not introduce unit-specific electoral colleges and women’s reservations into a trade union election without support in the governing statute or union constitution. Equitable representation might be a laudable objective and inform voluntary electoral panels, but could not be imposed through an election programme inconsistent with the prescribed structure. Orders requiring elections in accordance with the constitution were upheld.
Issues
- Whether an Election Officer could add unit-wise representation and reservation absent authority in the union constitution or statute.
Held
- The constitution provided for factory-elected delegates forming the General Council, which elected the Managing Committee. The programme instead introduced separate unit electoral colleges and reservation stipulations not contained in that constitution. (¶¶ 3–7, 11–12)
- An election programme must conform to both the governing statute and the union constitution. Silence did not authorise the officer to import new representation arrangements, however reasonable or desirable they might appear. (¶ 14)
- A practice of contesting panels voluntarily distributing offices among units did not permit the Election Officer to impose that distribution as an electoral rule. Authorities concerning courts’ remedial powers and workers’ hearing rights in winding up were materially different. (¶ 12–14)
Result
Appeal dismissed without costs. Industrial Court and High Court orders requiring constitution-compliant elections, without the unauthorised unit-wise arrangements and women’s reservation, affirmed.