Calcutta High Court Stays Labour Dept Notification Disqualifying Retired Workers From Holding Offices In Trade Unions
The Calcutta High Court has stayed a notification by the State's Labour department, disqualifying retired workers from holding offices in trade unions.The order was passed by Justice Shampa Dutt (Paul).A writ petition was filed by the Federal Chatkal Mazdoor Union had challenged Notification No. 41/Misc02/2025 dated 08.04.2025 issued by the Registrar of Trade Unions, Government of West...
The Calcutta High Court has stayed a notification by the State's Labour department, disqualifying retired workers from holding offices in trade unions.
The order was passed by Justice Shampa Dutt (Paul).
A writ petition was filed by the Federal Chatkal Mazdoor Union had challenged Notification No. 41/Misc02/2025 dated 08.04.2025 issued by the Registrar of Trade Unions, Government of West Bengal (Dept. of Labour), which sought to disqualify retired workers from serving as trade union office bearers in the organised sector across West Bengal.
Appearing for the petitioner union, Advocate Purbayan Chakraborty argued that the impugned notification runs directly contrary to Section 22(2) of the Trade Unions Act, 1926, which expressly recognises the right of retired or retrenched workers to serve as trade union office bearers.
It was submitted that by disqualifying such persons, the notification unlawfully nullifies the outcome of a valid democratic election, interferes with the internal affairs of the union, and paralyses its functioning. It was further contended that the notification infringes the fundamental rights guaranteed under Articles 19(1)(c) and 19(1)(a) of the Constitution of India, rendering it unconstitutional.
Accordingly, the court stayed the notification.
Case: Federal Chatkal Mazdoor Union & Anr. Vs The State of West Bengal & Anr.
Case No: WPA 19086 of 2025