South Western Railways Mazdoor Union Vs the… — Writ and Judicial Review | Karnataka HC (2025)

South Western Railways Mazdoor Union Vs the… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the compromise petition under Order XXIII Rule 3 CPC: petitioner consented to hand over the post of General Secretary to respondent No.6 (Shri K.V. Raghavendra); respondent No.6 agreed to coopt Com. Anthony Jeny D'Cruz as Zonal President against the vacant post; both to hold office till the triennial election as per bye laws; parties to cooperate in day-to-day union activities; and mutual withdrawal of the listed pending cases.

Issue for consideration

Whether the writ petition challenging the communications dated 22/05/2025 (Annexures L and M) issued by the 1st and 2nd respondents, insofar as they considered respondent No.6 as General Secretary, should be allowed. +1 more

Ratio / Principle

There is no legal impediment in accepting the compromise petition filed under Order XXIII Rule 3 of the CPC; the compromise petition is taken on record.

Key takeaways

The writ petition is disposed of in terms of the compromise petition.ratio¶63

Detailed headnote1 paragraphs

Trade union office-bearer dispute resolved by compromise: South Western Railways Mazdoor Union (through its General Secretary Dr. A.M. D'Cruz) sought certiorari under Articles 226 and 227 of the Constitution to quash the Railway Board communication dated 22/05/2025 bearing No.2025/E(LR & M)I/NM1-6 (Annexure-L), whereby respondent No.6 was considered General Secretary; the said communications (Annexures L and M) had been stayed by the Court. The parties filed a compromise petition under Order XXIII Rule 3 CPC agreeing that: (i) the petitioner hands over the post of General Secretary to respondent No.6 Shri K.V. Raghavendra, Divisional Secretary, Bangalore; (ii) respondent No.6 coopts Com. Anthony Jeny D'Cruz, AGS/SWRMU, as Zonal President against the vacant post; (iii) both hold office till the triennial election as per the bye laws; (iv) the parties cooperate in day-to-day union activities; and (v) they cross-withdraw pending cases - petitioner: this WP No.104107/2025, WP No.107139/2024 and the dispute before the Assistant Labour Commissioner, Hubballi; respondent No.6: WP Nos.104489/2025 and 104016/2025, WA(FR) No.100434/2025 (all before the High Court of Karnataka, Dharwad) and PCR No.6386/2025 before the Chief Metropolitan Magistrate Court, Bengaluru. Holding there was no legal impediment, the Court took the compromise on record and disposed of the writ petition in its terms.

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NC: 2025:KHC-D:11174 WP No. 104107 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2^ND DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

WRIT PETITION NO.104107 OF 2025 (GM-RES)

BETWEEN:

SOUTH WESTERN RAILWAYS MAZDOOR UNION UNION RAILWAY BUILDING NO UBL/600, GADAG ROAD, HUBBALLI REPRESENTED BY ITS GENERAL SECRETARY DR. A.M. D’CRUZ AGE. 75 YEARS, R/O. SHANTINAGAR, KESHWAPUR, HUBBALLI 580023.

…PETITIONER

(BY SRI. V.M. SHEELAVANT, ADVOCATE)

AND:

THE DEPUTY DIRECTOR ESTT. (LR) RAILWAY BOARD, RAIL BHAVAN, NEW DELHI.

THE GENERAL MANAGER, SOUTH WESTERN RAILWAY,

RAIL SOUDHA, GADAG RROAD, HUBBALLI-580023.

THE PRINCIPAL CHIEF PERSONNEL OFFICER, SOUTH WESTERN RAILWAY, RAIL SOUDHA, GADAG ROAD, HUBBALLI-580023.

Digitally signed
by
MOHANKUMARB SHELAR MOHANKUMARB SHELARDate:
2025.09.03
11:08:53 +0530

THE DEPUTY CHIEF PERSONNEL OFFICER, SOUTH WESTERN RAILWAYS, RAIL SOUDHA, GADAG ROAD, HUBBALLI-580023.

ASSISTANT LABOUR COMMISSIONER TRADE UNION AND REGISTRAR OF TRADE UNIONS KARMIKA BHAVAN, GOKUL ROAD, HUBBALLI-580023.

K.V. RAGHAVENDRA

AGE. MAJOR, OCC. DIVISIONAL SECRETARY, BANGALORE, SOUTH WESTERN RAILWAYS MAZDOOR UNION, SWRMU UNION OFFICE BEHIND DRM OFFICE, BENGALURU 560023.

…RESPONDENTS (BY SRI. SOURABH A. SONDUR, ADVOCATE FOR C/R6; NOTICE TO R2 TO R5 ARE SERVED)

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NC: 2025:KHC-D:11174 WP No. 104107 of 2025

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE COMMUNICATION DATED 22/05/2025 BEARING NO.2025/E(LR & M)I/NM1-6 ISSUED BY 1^ST RESPONDENT PRODUCED AT ANNEXURE-L IN THE INTEREST OF JUSTICE AND EQUITY & ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

The General Secretary, South Western Railways

Mazdoor Union, i.e., the petitioner and the respondents along with their respective counsel, are present before this court. They are identified by their respective counsel.

The petitioner and the respondents have amicably settled their dispute and filed the compromise petition under Order XXIII Rule 3 of the CPC, which reads as follows:

“1. The petitioner has challenged the communication dated 22/05/2025 and 22/05/2025 produced at Annexure-L and M issued by 1^st and 2^nd respondent in so far as considering the respondent No.6 as General secretary which are stayed by this Hon'ble Court in the above Writ Petition.

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NC: 2025:KHC-D:11174 WP No. 104107 of 2025

HC-KAR

2. The parties have amicably settled the dispute between themselves for the welfare of the Trade Union and its members on the following terms and conditions.

1. The Petitioner Dr A.M. D'Cruz General Secretary/SWRMU has agreed to give consent to hand over the post of General Secretary to 6^th respondent i.e., Shri K.V. Raghvendra Divisional Secretary Bangalore.

2. The 6^th respondent Shri K.V. Raghavendra has agreed to coopt Com. Anthony Jeny D'Cruz AGS/SWRMU as Zonal President against the vacant post.

3. Both, the term of General Secretary K. V. Raghvendra & Zonal President Com Anthony Jeny D'Cruz is for a period till triennial election is held as per bye laws of the union.

4. Both the parties have agreed to cooperate with each other in carrying on day to day activities of the Petitioner Union in accordance with bye laws till their term comes to an end.

5. Both the parties i.e., petitioner and respondent No.6 have agreed to withdraw their respective following cases pending between them in view of the Compromise.

a. The petitioner shall withdraw WP NO.104107/2025 pending before the Hon'ble High Court of Karnataka, Dharwad.

b. The petitioner shall Withdraw the WP NO.107139/2024 pending before the Hon'ble High Court of Karnataka, Dharwad.

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NC: 2025:KHC-D:11174 WP No. 104107 of 2025

HC-KAR

c. The respondent No.6 shall withdraw the WP NO.104489/2025 pending before the Hon'ble Dharwad. High Court of Karnataka.

d. The respondent No.6 shall Withdraw the WP NO.104016/2025 pending before the Hon'ble High Court of Karnataka, Dharwad.

e. The Respondent No.6 shall Withdraw the WA(FR) NO.100434/2025 pending before the Hon'ble High Court of Karnataka, Dharwad.

f. The Respondent No.6 shall Withdraw the PCR No.6386/2025 pending before the Chief Metropolitan Magistrate Court, Bengaluru.

g. The petitioner shall withdraw the dispute pending before the Assistant Labour Commissioner, Hubballi.”

The contents of the compromise petition was

read over and explained to the parties, and they have accepted the terms and conditions of the compromise petition.

I have perused the contents of the compromise

petition.

The compromise petition is taken on record.

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NC: 2025:KHC-D:11174 WP No. 104107 of 2025

HC-KAR

There is no legal impediment in accepting the compromise petition.

Accordingly, the writ petition is disposed off, in

terms of the compromise petition.

SD/(ASHOK S. KINAGI) JUDGE

MBS, CT:VP LIST NO.: 3 SL NO.:2.1