Pankaj Soni Vs State of Chhattisgarh

1 - State Of Chhattisgarh Through The Secretary, Labour Department, Government Of Chhattisgarh, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.)

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2 - State Of Chhattisgarh Through The Labour Commissioner, Block-3, 2nd Floor, Indravati Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.)

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3 - Registrar Of Trade Unions, Chhattisgarh, Office Of The Labour Commissioner, Block-3, 2nd Floor, Indravati Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.)

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... Respondent(s)

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----------------------------------------------------------------------------------------- For Petitioner : Mr. Sohail Afzal, Advocate. For Respondent-State : Mr. Praveen Das, Dy. AG. -----------------------------------------------------------------------------------------

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Hon'ble Shri Arvind Kumar Verma, Judge

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Order on Board

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13.10.2025

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1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs:

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“10.1 Issue a writ of mandamus directing Respondent No.2 (Labour Commissioner) to constitute an

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independent Special Inquiry (headed by an officer not below Joint Labour Commissioner) into:

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(a) Non-maintenance of bank accounts and statutory books by the nine unions;

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(b). Cash collections/usage and diversion/misappropriate of union monies; (c) Registrar's acceptance of returns despite s.28/Form D non-compliance; and (d) Responsibility of office-bearers and any outside facilitators.

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10.2 Direct Respondent No.3 (Registrar) to:

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(i) Invoke s.28(4) forthwith-seize/inspect account books, registers, vouchers, receipt books, membership registers, and bank records (if any) of the nine unions; (ii) Issue notices under s. 10 to the unions for cancellation proceedings, citing persistent contraventions and false/irregular returns;

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10.3 Appoint a Court-monitored Committee/Amicus to vet the inquiry's progress; require periodic compliance affidavits by Respondent.

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10.4. Direct a forensic inquiry into the back-dated acceptance of returns by Respondent No.3, including examination of dispatch registers, receipt acknowledgments, and audit reports appended, with cross-verification from UDIN portal records. 10.5. Grant any other relief(s) deemed just, fit, and proper in the interest of justice, equity, and good conscience in the facts and circumstances of the case.”

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2. As per contention of counsel for the petitioner, 09 trade unions have filed their incorrect annual audit report before the Registrar, Trade Union.

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3. During course of the arguments, this Courts finds that the petitioner has made complaint against the 10 registered trade union, however, none of them arrayed as party in this case, therefore, it appears that writ petition is defective one. Further, the instant petition has been filed in the form and style of PIL,

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