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ELECTRIC LOCO SHED BRANCH, GHAZIABAD UTTRIYA RAILWAY MAZDOOR versus UNION OF INDIA AND OTHERS

High Court of Judicature at Allahabad

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Electric Loco Shed Branch, Ghaziabad Uttriya Railway Mazdoor v. Union Of India And Others - WRIT - C No. 45594 of 2006 [2006] RD-AH 14637 (29 August 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Yatindra Singh,J.

Hon'ble Ran Vijai Singh,J.

Uttariya Railway Mazdoor Union(Trade Union) is registered and recognized Trade Union of the railways. It has three tiers namely Central Council, Divisional Council and the Branch Council. Petitioners are a Branch Council. Central Council in its meeting dated  2.7.2006 passed a resolution that the Branch Council has been automatically dissolved as per clause 71-A and 75(Note) of the Constitution of the Trade Union and the Railways authorities were informed  about this decision by the order dated 11.7.2006. This has been circulated by the Railways authorities by letter dated 18.7.2006. Hence, the writ petition.

We have heard learned counsel for the petitioner and Sri Rajesh Kr. Singh and Sri Govind Saran for the respondents.

The dispute in this writ petition is between the Branch Council and the Central Council and relates to whether the resolution passed by the Central Council is correct or not. There is nothing  or to show that the Trade Union is  a State within the meaning of Article 12. No statutory violation has been pointed out. No statutory provision has been pointed for resolving the dispute. In view of this matter, the writ petition is not maintainable.

The petitioners may, if they are so advised, file a suit.

With these observations, the writ petition is dismissed.

Dt. 29.8.2006

A.K.- 45594/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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