Disposed

S.C. Joshi & Ors. v. Registrar of Trade Union, Govt. of NCT of Delhi & Ors.

Delhi HC18 Jan 2016W.P.(C)/7995/2015

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking elections for a trade union. It fixed a deadline, making office bearers personally liable for non-compliance.

What did the court decide?

Directing the respondent trade union to hold elections for office bearers on or before April 15, 2016, with personal liability incurred by present incumbents for non-compliance.

S.C. Joshi & Ors. Vs Registrar of Trade Union, Govt. of… — Service and Employment | Delhi HC (2016)

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$~18.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) No.7995/2015 S.C. JOSHI & ORS ..... Petitioners Through: Mr. Rajiv Bakshi, Adv.

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versus

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REGISTRAR OF TRADE UNION, GOVT. OF NCT OF DELHI & ORS ..... Respondents Through: Ms. Isha Khanna, Adv. for R-1&2. Mr. Yogesh Rathee, Adv. for R-3.

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CORAM:

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HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

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O R D E R

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% 18.01.2016

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This order is in continuation of the earlier orders dated 21^st August, 2015 and 3^rd November, 2015.

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The counsel for the petitioners states that the petition can be disposed of by directing the elections to be held.

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The counsel for the respondent no.3 Delhi University and College Karamchari Union (Union) today again states that the election process has already commenced. However on enquiry as to for which date the election is scheduled, he states that he will have to obtain instructions.

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I am not willing to adjourn the matter on such ground when that was the only thing which the counsel for the respondent no.3 Union was to answer. It is not understandable as to what other instructions have been obtained by the counsel for the respondent no.3 Union.

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The counsel for the respondents no.1&2 also has no idea, approximately how much time is required to hold the election.

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page 1 of 2

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W.P.(C) No.7995/2015

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The counsel for the petitioner states that not more than two months are required to hold the elections.

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In these circumstances, the petition is disposed of with:-

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A. A direction to the present office bearers of the respondent no.3 Union to ensure that the elections to the post of Officer Bearers of the respondent no.3 Union are held on or before 15^th April, 2016. If the elections are not so held, the present President and Secretary of the respondent no.3 Union shall be personally liable for violation of the order of the Court.

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B. A direction to the respondents no.1&2 to ensure that the respondent no.3 Union holds its elections as directed. The present incumbents of the office of the respondents no.1&2 are made personally liable for compliance of this order.

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No costs.

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Dasti under signature of Court Master.

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RAJIV SAHAI ENDLAW, J

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JANUARY 18, 2016 ‘pp’..

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page 2 of 2

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W.P.(C) No.7995/2015

S.C. Joshi & Ors. v. Registrar of Trade Union, Govt. of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

S.C. Joshi & Ors. v. Registrar of Trade Union, Govt. of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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