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C/m 508 Labour Union Kila Allahabad And Another v. Union Of India And 4 Others

C/m 508 Labour Union Kila Allahabad And Another v. Union Of India And 4 Others

(High Court Of Judicature At Allahabad)

WRIT - C No. - 5418 of 2023 | 14-03-2023

Rohit Ranjan Agarwal, J.

1. Heard Sri N.L. Pandey, learned counsel for the petitioners and learned Standing Counsel for the respondents-State.

2. This writ petition has been filed assailing the orders dated 13.07.2020 passed by respondent no.3 and 23.07.2020 passed by respondent no.2.

3. In the earlier round of litigation, the petitioners had approached this Court through Writ-C No.16947 of 2020 and on 30.11.2021, the Writ Court had passed the following order:-

"The petitioner, who is Committee of Management of the Labour Union, is aggrieved by the impugned order dated 23.07.2020 whereby its claim of election of office bearers was rejected and the rival claim was accepted only on the basis of a letter dated 13.07.2020 passed by the Bhartiya Mazdoor (Mahasangh), U.P. as contemplated in Clause 55 of the Byelaws.

It is contended by Sri N.L. Pandey, learned counsel of the petitioner that no opportunity was granted to the petitioner to rebut the aforesaid letter or to challenge the same as provided under Section 55 of the Bye-laws, by way of filing of an appeal before the General Body of the Kendriya Shram Sangathan.

To narrow down the controversy and with the consent of learned counsel for the parties, this writ petition is disposed of with the following direction:-

The petitioners are at liberty to file an appeal against the order dated 13.07.2020 as provided in Clause 55 of Bye-laws and if the appeal is filed within two weeks from today, the General Body of the Kendriya Shram Sangathan will decide the appeal after hearing all parties concerned in accordance with law within six weeks thereafter and on the basis of outcome of the said appeal, the parties are at liberty to approach the concerned authority to recall the impugned order dated 23.07.2020 passed by the Deputy Labour Commissioner, Trade Union, Prayagraj Region, Prayagraj, if so advised."

4. Thereafter, petitioners preferred an appeal before the appellate authority on 09.12.2021, which according to the petitioner, is still pending. When the appeal was not decided, petitioner filed a Contempt Application (Civil) No.1993 of 2022, which was dismissed on 10.08.2022 and following order was passed:-

"1. Heard learned counsel for the applicant.

2. Perused the order dated 20.11.2021 passed in Writ-C N.16947 of 2020. From perusal of the order and the array of parties to the writ petition it appears that the opposite party was neither the party in writ proceeding nor any counsel represented the opposite party. The present contempt proceedings initiated against the opposite party solely on the strength that his name appeared in the order, as was pointed out by the counsel for the applicant.

3. No case for contempt is made out against the opposite party. The contempt application stands dismissed.

4. Contempt notice stand discharged.

5. File consigned to records."

5. The present petition is the second round of litigation instituted by the petitioners for the same cause of action, for which, the Writ Court earlier on 30.11.2021 directed the petitioners to file an appeal which, according to the petitioners, is pending.

6. Under such circumstances, this Court declines to interfere in the order passed by respondents no.2 and 3, however, it is directed that the respondent no.5 shall make every endeavour to decide the appeal, which is pending since year 2021, if there is no legal impediment and after hearing all the concerned parties, strictly in accordance with law by reasoned and speaking order expeditiously within period of three months from the date of production of certified copy of this order.

7. With the aforesaid observation/direction, writ petition stands disposed of.

8. It is made clear that this Court has not adjudicated the matter on merit.

Advocate List

  • Nand Lal Pandey,Suyash Pandey

  • A.S.G.I.

Bench
  • Hon'ble Justice Rohit Ranjan Agarwal
Eq Citations
  • LQ
  • LQ/AllHC/2023/2181
Head Note

Labour Laws — Trade Union/Labour Union — Election of office bearers of trade union — Disputed election — Pending appeal — Directions issued — Held, in the earlier round of litigation, the Writ Court had passed the following order:- — The petitioners are at liberty to file an appeal against the order dated 13.07.2020 as provided in Clause 55 of Bye-laws and if the appeal is filed within two weeks from today, the General Body of the Kendriya Shram Sangathan will decide the appeal after hearing all parties concerned in accordance with law within six weeks thereafter and on the basis of outcome of the said appeal, the parties are at liberty to approach the concerned authority to recall the impugned order dated 23.07.2020 passed by the Deputy Labour Commissioner, Trade Union, Prayagraj Region, Prayagraj, if so advised — Under such circumstances, the Court declines to interfere in the order passed by respondents no.2 and 3, however, it is directed that the respondent no.5 shall make every endeavour to decide the appeal, which is pending since year 2021, if there is no legal impediment and after hearing all the concerned parties, strictly in accordance with law by reasoned and speaking order expeditiously within period of three months from the date of production of certified copy of this order — It is made clear that the Court has not adjudicated the matter on merit — Constitution of India — Art. 226 — Labour Laws — Trade Union/Labour Union — Election of office bearers of trade union — Disputed election — Pending appeal — Directions issued (Paras 5 to 8)