Cal HC stays state notification barring retd workers from trade union posts

Kolkata: The Calcutta High Court on Friday stayed a notification issued by the State Labour Department that sought to bar retired workers from holding positions in trade unions.

Justice Shampa Dutt (Paul) passed the interim order while hearing a writ petition filed by the Federal Chatkal Mazdoor Union. The challenge was directed against a circular dated April 8, 2025, issued by the Registrar of Trade Unions, Government of West Bengal, which disqualified retired employees from serving as office bearers in the organised sector across the state.

Advocate Purbayan Chakraborty, appearing for the petitioner union, submitted that the notification runs in direct conflict with Section 22(2) of the Trade Unions Act, 1926. The provision explicitly recognises that retired or retrenched workers are eligible to be trade union office bearers. By overriding this statutory right, counsel argued, the State had acted contrary to the law.

It was further contended that the disqualification measure undermines the democratic mandate of duly held union elections and interferes with the autonomy of labour organisations. The petitioner maintained that preventing retired workers from participating would cripple the functioning of unions, many of which rely on the experience and leadership of long-serving members.

The plea also raised constitutional grounds, claiming that the impugned notification infringes Articles 19(1)(c) and 19(1)(a) of the Constitution of India, which protect the fundamental rights to form associations and to freedom of speech and expression.

After hearing the submissions, the court ordered: “Pending hearing of the writ application the notice no. 41/Misc02/2025 dated 08.04.2025 issued by the Registrar of Trade Unions, Government of West Bengal, be stayed till 24.11.2025 or until further orders whichever is earlier. Written notes filed by the State be kept with the record.”

The matter will now be heard in detail in the coming months.