Dismissed

The South East Central Railway Mazdoor Congress v. Vijay Agnihotri

Chhattisgarh HC9 Mar 2018REVP/12/2018

Case brief

AI extract

What is this about?

This review petition challenged the High Court's earlier order disposing of a writ petition without adjudicating issues affecting the Registrar of the Trade Union. The Court declined to entertain the review, directing the Registrar to act under the Trade Union Act and issue a hearing for aggrieved parties. The petition was finally disposed of without merits.

What did the court decide?

The review petition was disposed of; the Registrar of the Trade Union was directed to verify member validity and hold the working committee meeting expeditiously.

The South East Central Railway Mazdoor… — Writ and Judicial Review | Chhattisgarh HC (2018)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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REVP No.12 of 2018

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The South East Central Railway, Mazdoor Congress, Through The Chief Secretary, Railway Qr.No.T/11/2, Babu Kholi, Bilaspur, Tahsil and District Bilaspur (C.G.).

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-- Petitioner

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Versus

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Vijay Agnihotri S/o Shri M. L. Agnihotri, Aged About 47 Years Joint Secretary, South East Central Railway Mazdoor Congress, R/o Torwa, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh.

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Rabindra Kumar Dhal S/o Lt. R. C. Dhal, Aged About 45 Years, R/o Ahmad Gali, Kasimpara, Torwa, Tahsil And District Bilaspur, Chhattisgarh.

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Rana Nandi S/o G. C. Nandi, Aged About 40 Years, R/o Rly Quarter No. 22/2, New Construction Colony, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh.

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B. Venugopal Rao S/o Late B. Krishna Rao, Aged About 52 Years R/o Rly. Quarter No. 1368/2, Wireless Colony, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh.

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Laxman Rao S/o G. Loknath, Aged About 46 Years, R/o 45/1, Shivam Rly Colony, Anuppur, Tahsil And District Anuppur, Madhya Pradesh.

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Sameer Pandey S/o Shri R. K. Pandey, Aged About 48 Years, R/o Kelkar Para Raipur, Tahsil And District Raipur, Chhattisgarh.

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Pitambar Laxminarayan S/o Laxminarayan Agutle, Aged About 56 Years, R/o S. E. C. Rly, G L 3/1, Mangalwari Road, Clarke Town, Nagpur, Tahsil And District Nagpur, Maharashtra.

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Rajesh Raut S/o Atmaram Raut, Aged About 49 Years, R/o Plot No. 22, Vaibhavnand Guruhniram Sanstha, Shambhu Nagar Near Tirangga Chawk, Sahare Decoration Koradi Road, Naggpur, Tahsil And District Nagpur, Maharashtra.

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Bikash Chandra Roy S/o Birendranath Roy, Aged About 48 Years R/o Plot No. 23/13, Ved Akurti Dixit Nagar Nari Road, Upalwadi, Tahsil And District Nagpur, Maharashtra.

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Ramesh Patnaik S/o S. Prasad Rao, Aged About 48 Years R/o B. No. L 18/1, Kamptee Road, Opp. Rly Work Shop, Post Bezenbagh, Tahsil And District Nagpur, Maharasthra.

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Indal H. Damahe S/o Harichand Damahe, Aged About 42 Years R/o S. S. E. P. Way, S. E. C. Rly. Kamptee, Kamptee, Tahsil And District Nagpur, Maharashtra.

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S. K. M. Patnaik, S/o S. Prasad Rao, Aged About 46 Years R/o Rly Qtr. No. M/101/1, Kamptee Road, Post- Bezanbagh, Nagpur, Tahsil And District Nagpur, M. H.

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A. N. Pandey S/o Nandkishor Pandey, Aged About 59 Years R/o Rly, Qurt No. 76/1, Post Tumsar Rd, Tahsil And District Bhandara, 441913.

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Gopalkrishna Mudliar S/o Vasudevan Muddliar, Aged About 54 Years R/o Plot No. 59, Flat No. 201, Isha Apartment Near Ram Mandir, Swanwalambi Nagar, Nagpur, Tahsil And District Nagpur, M. H.

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Tukaram G. Thakre S/o Govinda Thakre, Aged About 48 Years R/o S. S. E. (P. Way), S. E. C. Railway Kmaptee, Tahsil And District Nagpur, M. H.

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G. N. Patnaik S/o Narsingh Murty, Aged About 53 Years R/o S. E. C. Rly Colony Qtr. No. C/43-2, Near Khelbhavan, Motibagh, Nagpur, Tahsil And District Nagpur, M. H.

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Sidhharth Shankar Sharma S/o Shankar Sharma, Aged About 40 Years R/o C/o Shri P. S. Mehta, House No. 118, Ward No. 15, Nayi Abadi Behind Gandhi Ganj, Chhindwara, M. P.

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Umesh Dubey S/o Lalchand Dubey, Aged About 51 Years R/o Rly Qtr. No. L/76/1, Near Kalamandir, S. E. C. Rly, Colony, Motibagh, Nagpur, Tahsil And District Nagpur, M. H.

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Debashish Ghosh S/o Late Haripada Ghosh, Aged About 52 Years R/o C/o Sr. D. E. E. (O. P.), Office 4th Floor, R. C. Building D. R. M. Office, S. E. C. Railway, Nagpur, Tahsil And District Nagpur, M. H.

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Sanjay Atram S/o Sakharam Atram, Aged About 49 Years R/o S. E. C. Rly Qtr. No. T/20/1, Kamptee Rd Opp. Motibagh W/shop Nagpur, Tahsil And District Nagpur, M. H.

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Anil Poddar S/o Bindeshwari Poddar, Aged About 47 Years R/o House No. 183, Adarsh Nagar Arora Colony Ward No. 20, Dongargarh, District Rajnandgaon, Chhattisgarh.

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Sunita Barmaiya D/o Dasrath Barmaiya, Aged About 47 Years R/o Plot No. 273, Babadeep Singh Nagar, Samta Nagar Road, Post- Uppalwadi, Nagpur, Tahsil And District Nagpur, M. H.

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Smt. S. Padmavati W/o S. Narayan Murty, Aged About 53 Years R/o C/o Sr. D. E. E. (T. R. D. ) Office 4th Floor, R. C. Building, D. R. M. Office, S. E. C. Railway, Nagpur, Tahsil And District Nagpur, M. H.

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Ganesh Kumar Singh S/o Deodhari Singh, Aged About 46 Years R/o Rly. Qurt No. 105/1, Type IV S. E. C. Rly Santra Market Colony, Near Empress Mal Rd. Nagpur, Tahsil And District Nagpur, M. H.

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Suboroto Ghosh S/o Bariendra Ghosh, Aged About 46 Years R/o C. T. I. / Line, Gondia Station, Tahsil And District Gondia, M. H.

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Yogeshwar Patle S/o Urkada Patle, Aged About 48 Years R/o Rly Qtr. No. L /16/2, Loco Colony, Nagbhir, Tahsil And District Nagbhir, M. H.

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Vijay Sakharam Atram S/o Sakharam Atram, Aged About 45 Years R/o S. E. C. Rly, Colony Qtr. No. L/48/7, Panjabi Line, Nagpur, District Nagpur, M. H.

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M. K. R. Bagde S/o Ramesh Bagde, Aged About 48 Years R/o Plot No. 108, Visharm Nagar Behind Sugat Nagar, Near Water Tank, Ring Road, Nari Nagpur, District Nagpur, M. H.

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Sher Khan S/o Late Yakub Khan, Aged About 52 Years R/o Railway Qtr. No. 89/1, Behind Railway Cycle Stand Raigarh, Tahsil And District Raigarh, Chhattisgarh.

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Vikash Kumar Varma S/o Late Ashok Kumar Varma, Aged About 51 Years R/o Mal Dhakka Road Behind Gandhi Ganj, Raigarh, Tahsil And District Raigarh, Chhattisgarh.

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A. K. Mishra S/o Late Sadanand Mishra, Aged About 47 Years R/o 66/2, Railway Colony, Brajaraj Nagar, Odisha.

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Javed Khan S/o Late Amjad Ali, Aged About 42 Years R/o Block No. 36/1, Railway Colony, Umaria, Tahsil And District Umaria, M. P.

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Ramdas Rathor S/o Sri Thakurdeen Rathor, Aged About 47 Years R/o Village Sinduri, Anuppur, Tahsil And District Anuppur, M. P.

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R. D. Ram S/o Late Ram Surat Ram, Aged About 58 Years Village Gorakhnathpur, Near Filter House 2 A Colony, Bishrampur, Tahsil And District Surajpur, Chhattisgarh.

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Rajesh Khobaragade S/o Heeraman Khobaragade, Aged About 48 Years R/o Q. No. 27/2, Manendragarh Rly Colony, Tahsil Manendragarh, District Koria, Chhattisgarh.

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N. Hemant Kumar S/o Shri M. Shrinivas Rao, Aged About 42 Years R/o C/o R. K. Photo Studio, Depot Para Pendra Road, District Bilaspur, Chhattisgarh.

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C. N. Singh S/o Late Ramdhari Singh, Aged About 50 Years R/o Sr. Passenger/guard, Railway Colony Near Aden Office Shahdol, Tahsil And District Shahdol, Madhya Pradesh.

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H. K. Singh S/o Shri S. N. Singh, Aged About 46 Years R/o Railway Qtr. No. 250/4, Railway Colony, Shahdol, Tahsil And District Shahdol, Madhya Pradesh.

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Ashutosh Swarnkar S/o Shri K. P. Swarnkar, Aged About 47 Years R/o Flat No. B /301, Nardeep Heights Link Road, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh.

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Chhotelal Yadav S/o Shri Dhansai Yadav, Aged About 44 Years R/o Ward No. 04, Naya Baradwar, Tahsil And District Janjgir- Champa, Chhattisgarh.

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Vinod Kumar Mohanty S/o Shri C. Mohanty, Aged About 45 Years R/o Shesh Colony, Vinoba Nagar, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh.

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The State Of Chhattisgarh Through The Secretary, Department of Industry, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh.

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The Registrar, Trade Union, II Floor, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

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South East Central Railway, Through The Chief Personnel Officer, Zone Office, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh.

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---Respondents

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For petitioner	:	Shri N.K.Vyas, Advocate.
For respondents No. 1 to 41	:	Shri Satish Chandra Verma, Advocate.
For respondents No.42 & 43	:	Shri S.P.Kale, Dy.A.G.
For respondent No.44	:	Shri Vivek Shrivastava on behalf of Shri
		H.S.Ahluwalia, Advocate.

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Hon ' ble Shri Justice P. Sam Koshy

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Order on Board

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09/03/2018

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The present review petition has been filed seeking review of the order

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dated 02/01/2018 passed by this Court in WPL No. 251/2017.

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While disposing of the said Writ Petition this Court had made following

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observations:-

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“ 4. Given the said stand taken by the State counsel this

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Court is of the opinion that, no fruitful purpose would be served in keeping the Writ Petition pending.

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5. Accordingly, the present Writ Petition stands disposed off with a direction to the Registrar, Trade Union/respondent No.2 to ensure that, the order passed by the Registrar, Trade Union on 04/07/2017 only so far as holding of working committee meeting is concerned if it does not affect the proceedings before the Industrial Court in any manner the same be held as expeditiously as possible. ”

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The review petition has been filed by the petitioner stating that, the Writ Petition has been got disposed by suppressing material facts before this Court.

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The counsel for the petitioner submits that, the petitioner has not disclosed the complete facts. The entire order of Registrar, Trade Union dated 04/07/2017 itself was under challenge before the Industrial Court and therefore the petitioner were precluded from filing a fresh Writ Petition for the same cause of action in the present review petition. He further submits that, the petitioners in the said Writ Petition were trying to seek execution of the order which was already subjudice before the Industrial Court.

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At this juncture, if we peruse the observations made by this Court while disposing of the Writ Petition it would be evidently clear that, this Court while disposing of the Writ Petition held that, the Registrar Trade Union shall act on the order dated 04/07/2017 only to the extent of holding the working committee meeting. This Court had specifically not touched the issue so far as the issue under Section 28-J of the Trade Union Act is concerned which also germinates from the order dated 04/07/2017 and which is already subjudice before the Industrial Court.

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As regards the apprehension of the petitioner in the present review petition that many of the members of the said Trade Union did not qualify themselves for attending the working committee meeting as they stands disqualified, this aspect also in the opinion of this Court is a fact which has to

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be looked into by the Registrar Trade Union as he is the ultimate authority under the Trade Union Act.

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Therefore, it is expected that the Registrar Trade Union shall take into

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account all these facts which would be raised by the parties aggrieved in respect of the working committee meeting and the members who could attend the meeting.

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Thus, this Court is not inclined to entertain the present review petition at this juncture.

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However, it is necessary to make an observation that the Registrar

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Trade Union is expected to go purely in accordance with the provisions under the Trade Union Act and the Bye laws of the Union which also implies that he would be verifying the veracity of the members of Trade Union as regards their being a valid working committee member or not.

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It is expected that the office of the Advocate General would issue necessary instructions to the Registrar Trade Union for expeditiously deciding the issue.

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Accordingly, the review petition stands disposed off.

Sd/-

(P. Sam Koshy)

JUDGE

Sumit

The South East Central Railway Mazdoor Congress v. Vijay Agnihotri

Case brief

What is this about?

What did the court decide?

The South East Central Railway Mazdoor Congress v. Vijay Agnihotri

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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