In a significant ruling that resonated through Bengal’s labour circles, the Calcutta High Court on Tuesday struck down a controversial notice issued by the Registrar of Trade Unions, West Bengal, which sought to bar retired employees from holding key union positions. The Court said bluntly that the Registrar “has no authority to distort or overrule statutory provisions,” reaffirming that democracy within unions must remain untouched.
Background
The case arose after the CESC Sramik Karmachari Union and the Federal Chatkal Mazdoor Union challenged notices issued in April and May 2025. These notices declared that retired workers could not serve as Secretary, Treasurer, or similar office-bearers of trade unions in the organized sector.
Both unions argued that the move was unlawful and undemocratic, violating Section 22(2) of the Trade Unions Act, 1926, which explicitly states that retired or retrenched employees shall not be considered outsiders when serving as office-bearers.
Senior Advocate Soumya Majumdar, appearing for the CESC union, contended that the Registrar’s directive “encroached upon legislative powers and interfered with the democratic will of workers.”
The State, represented by Senior Advocate Ushanath Banerjee, countered that active employees should control union affairs, suggesting that allowing retirees to lead unions undermined the spirit of worker representation.
Court’s Observations
Justice Shampa Dutt (Paul) did not mince words. The Court held that the Registrar’s notices were “in complete violation” of the law and “beyond his powers.”
“The explanation under Section 22(2) is absolutely clear - a retired or retrenched employee shall not be construed as an outsider,” the bench observed. “How and why the Registrar issued a notice contradicting the law is best known to him.”
Citing the Supreme Court’s landmark judgment in Bokajan Cement Corporation Employees’ Union v. Cement Corporation of India Ltd. (2003), Justice Dutt said that the right of a retired worker to remain a member or office-bearer of a union cannot be curtailed unless expressly stated in the law or union constitution.
She further noted, “A piece of legislation is not for the executive to distort according to their whims to suit their purpose best known to them.”
The Court emphasized that the Trade Unions Act already limits outsiders to one-third of total office-bearers (or five, whichever is less), maintaining the balance between active and non-active employees. Hence, excluding retirees entirely was both unfounded and illegal.
Decision
In a strong conclusion, the Court allowed both writ petitions and quashed the notices dated April 8, May 7, and May 29, 2025.
Justice Dutt ordered that all communications from the Registrar declaring retired members ineligible to serve as office-bearers be “set aside as contrary to the Trade Unions Act, 1926.”
With that, Bengal’s trade unions - particularly those long led by veteran workers - breathed a sigh of relief. For now, the democratic will of members stands reaffirmed, and retired employees may continue to lead unions as they have for decades.
Case Title 1: CESC Sramik Karmachari Union & Ors. vs State of West Bengal & Anr.
Case No.: WPA 13542 of 2025
Case Title 2: Federal Chatkal Mazdoor Union & Anr. vs State of West Bengal & Anr.
Case No.: WPA 19086 of 2025
Court: High Court at Calcutta (Appellate Side – Constitutional Writ Jurisdiction)
Judge: Hon’ble Justice Shampa Dutt (Paul)
Judgment Reserved On: 19 September 2025
Judgment Delivered On: 4 November 2025