Writ petition challenging rejection of nomination papers was disposed by directing the Labour Commissioner to reconsider the objection after giving hearing, with a certified copy.
Direction to opposite party No.3 to consider objection and dispose within two weeks after giving hearing on production of certified order.
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W.P.(C) No. 12556 of 2017
10.07.2017 Heard learned counsel for the petitioners and Mr.D.K.Sahoo, learned counsel ap
pearing for opposite party Nos. 1 and 2.
Petitioners in this writ petition challenge the notification dated 26.5.2017 i
ssued by opposite party No.2 and to declare the election held on 16.6.2017 to be null and void
.
Learned counsel for the petitioners contended that petitioners being the membe
rs of the East Coast Railway Sharamik Union challenge the rejection of their nomination papers
pursuant to the notification dated 26.5.2017 to the post of Central Office Bearer. He further
submits that petitioners have filed their objection before opposite party No.3-Registrar, Tra
de Union-cum-Labour Commissioner, Odisha on 12.6.2017 vide Annexure-4 and the same is still pe
nding. Hence he prays for a direction to opposite party No.3 to consider the objection after g
iving opportunity of hearing to the petitioners.
Considering the above and without going into the merit of the case, we dispose
of the writ petition with a direction to opposite party No.3- Registrar, Trade Union-cum-Labo
ur Commissioner, Odisha, Bhubaneswar to consider the objection filed by the petitioners and di
spose of the same after giving opportunity of hearing to the petitioners on production of the
certified copy of the order. The above exercise shall be completed within a period of two week
s.
2
1 issue framed by the court
Whether the petitioners challenging the rejection of their nomination papers should be given an opportunity to urge the objection before the Labour Commissioner.
Members of the East Coast Railway Sharamik Union
Opposite Party No.1
Opposite Party No.2
Registrar, Trade Union-cum-Labour Commissioner, Odisha
No judge names provided
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court