The Division Bench dismissed an appeal challenging an interim order granting interim relief to writ petitioners. The court held the appeal was not maintainable as it was filed against an interlocutory order under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
MANPREET KAUR
2025:CGHC:7348-DB
NAFR
Digitally signed by MANPREET KAUR Date: 2025.02.13 10:49:02 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 101 of 2025
1 - Prabhat Kumar Dadsena General Secretary Bharat Aluminium Shramik Sangh (Hms) S/o Shri Budheshwar Kumar Dadsena Aged About 39 Years Mahamantri, Bharat Aluminium Shramik Sangh, R/o Q. No. 177/179 2 A Type, Sector- 4, Balco Nagar, Korba, District Korba Chhattisgarh (Res. No. 3 And 4)
2 - Vimal Kumar Singh S/o Shri Narayan Ram Aged About 43 Years President, Bharat Aluminium Shramik Sangh (Hms), R/o Qr. No. 1033, Sector- 5 A, Balco Nagar, Korba, District Korba Chhattisgarh
... Appellant(s)
versus
1 - Bharat Aluminum Shramik Sangh (Hms), Through General Secretary- Rakesh Kumar Soni, S/o Shri L.P. Soni, Aged About 42 Years, R/o House No. 515/3/ B, Balco Nagar, Korba, Police Station - Balco Nagar, District Korba, Chhattisgarh (Petitioner Res. No. 1)
2 - Bharat Aluminium Shramik Sangh (Hms) Through PresidentDharmendra Dewangan, S/o Late Shri P. L. Dewangan, Aged About 45 Years, R/o House No. 805/3/b, Balco Nagar, Korba, Police StationBalco Nagar, District Korba, Chhattisgarh
3 - State Of Chhattisgarh Through Secretary, Department Of Labour Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh
4 - Registrar Trade Union Block- 03, Second Floor, Indirawati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh
2
5 - Senior Vice President B.L. Prabhakar Rao, S/o B. Appa Rao Quarter No. 267/1/ B, Balco, District Korba, Chhattisgarh
6 - Vice President Vivekanand Sahu, S/o Late Digambar Sahu, Quarter No. 267/1/ B, Balco, District Korba, Chhattisgarh
7 - Vice President Santosh Kumar Vishwakarma S/o Late Narayan Vishwakarma, Quarter No. 05-7/4/2 A, Balco, District Korba, Chhattisgarh
8 - Treasurer Aditya Narayan Pitta, S/o Late Narasimhulu, Quarter No. 657/659/4/a, Balco, District Korba, Chhattisgarh
9 - Deputy General Secretary Vijay Singh Thakur S/o Nagesh Thakur, Quarter No. 877/3/ B, Balco, District Korba, Chhattisgarh
10 - Deputy General Secretary Rakesh Devangan S/o H. L. Devangan, Quarter No. H.B. Colony, Balco, District Korba, Chhattisgarh
11 - Organization Secretary Damodar Vishwakarma, S/o Sukhdev Vishwakarma, Quarter No. 715/3/a, Balco, District Korba, Chhattisgarh 12 - Deputy Organization Secretary Narmada Prasad, S/o Late Premlal, Quarter No. 125/3/ A, Balco, District Korba, Chhattisgarh
13 - Deputy Organization Secretary Waqar Ali Rizvi S/o Late Abdul Gafur Ali, Quarter No. 284/1/ B, Balco, District Korba, Chhattisgarh
14 - Deputy Organization Secretary Rajesh Kumar S/o Govind Ram Sahu, Quarter No. 961/4/ A, Balco, District Korba, Chhattisgarh 14.1 - (A) Senior Secretary Mansing Banafar S/o Sheetal Singh Quarter No. 377-679/4/2 A, Balco, District Korba, Chhattisgarh
15 - Deputy Organization Secretary P.K. Gupta S/o Late Shriram Janm Gupta Quarter No. 35/4/ A Balco, District Korba, Chhattisgarh 15.1 - (A) Senior Secretary Lomash Chauhan S/o Gokul Ram Chauhan Quarter No. 224/3/ A, Balco, District Korba, Chhattisgarh
16 - Secretary Devshankar Singh Markarm S/o Chhatrapal Singh Markam, Quarter No. 598-600/4/2 A, Balco, District Korba, Chhattisgarh 17 - Secretary Shrikan Verma S/o Dauram Verma, Quarter No. 474/3/ B, Balco, District Korba, Chhattisgarh
18 - Secretary S. Srinivas Reddy S/o S. Brahmaiah, Quarter No. 193195/3/2 A, Balco, District Korba, Chhattisgarh
3
19 - Secretary Rakesh Kumar S/o Budhram, Quarter No. 576/4/2 A, Balco, District Korba, Chhattisgarh
20 - Secretary Dinesh Kumar Kurre S/o Late Atma Ram Kurre, Quarter No. 176/1/ B, Balco, District Korba, Chhattisgarh
21 - Deputy Secretary Asharam Sahu S/o Agnuram Sahu, Quarter No. 590-592/4/2 A, Balco, District Korba, Chhattisgarh
22 - Deputy Secretary Khilendra Dewangan S/o Harichandra Dewangan, Quarter No. 612/3/ A, Balco, District Korba, Chhattisgarh
... Respondent(s)
For Appellant(s) : Mr. B.P. Sharma and Mr. K.P.S. Gandhi, Advocates
For Respondent(s) : Mr. S.S. Baghel, Dy. G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal, Judge
Judgment on Board
Per Ramesh Sinha, Chief Justice
10.02.2025
1. Heard Mr. B.P. Sharma and Mr. K.P.S. Gandhi, learned counsel for the appellants and Mr. S.S. Baghel, learned Deputy Government Advocate for respondent / State.
2. This appeal is directed against an order dated 13.01.2025 passed by the learned Single Judge in WP(L) No. 07 of 2025, whereby the learned Single Judge granted interim relief to the writ petitioners, which amounts to final relief.
3. The prayers made in the writ petition read as follows:
“10.1 Hon'ble Court may kindly be pleased to call entire record from the Industrial Court, Raipur in
4
reference case no. 01/ITUAct/I/2024 "Bharat Aluminium Shramik Sangh (HMS) & other Versus Registrar Trade Union & others."
10.2 Hon'ble Court may kindly be pleased to set-aside the order dated 20/11/2024 (Annexure - P/1) passed in reference case no. 01/ITUAct/I/2024 "Bharat Aluminium Shramik Sangh (HMS) & other Versus Registrar Trade Union & others."
10.3 Hon'ble Court may kindly be please to direct Registrar Trade Union to Register Form - E, submitted by the petitioners.
10.4 Any other relief in the circumstances of the case may also be awarded.
10.5 Cost of the Petition may also be awarded.
4. Mr. S.S. Baghel, learned Deputy Government Advocate for respondent / State submits that this appeal is not maintainable in view of the provisions contained in Section 2 (1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, for short, the Act of 2006, which specifically provides that no appeal shall lie against an interlocutory order.
“2. Appeal to the Division Bench of the High Court from a Judgment or order of one judge of the High Court made in exercise of original
5
jurisdiction. - (1) An appeal shall lie from a judgment or order passed by one judge of the High Court in exercise of original Jurisdiction under Article 226 of the Constitution of India, to a Division Bench comprising of two Judges of the same High Court.
Provided that no such appeal shall lie against an interlocutory order or against an order passed in exercise of supervisory jurisdiction under Article 227 of the Constitution of India.”
Sd/Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice
Manpreet
1 issue framed by the court
Whether an appeal lies before a Division Bench against an interlocutory order passed in exercise of original jurisdiction under Article 226 of the Constitution.
Prabhat Kumar Dadsena
Vimal Kumar Singh
Manpreet Kaur
Bharat Aluminum Shramik Sangh (Hms)
State Of Chhattisgarh
Registrar Trade Union
Ramesh Sinha
Ravindra Kumar Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
