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MCA/2550/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2550 of 2010
In
SPECIAL
CIVIL APPLICATION No. 6083 of 2010
=========================================================
G
N F C EMPOLYEES UNION - Applicant(s)
Versus
HARSHADKUMAR
SOMABHAI SUTARIA & 2 - Opponent(s)
=========================================================
Appearance
:
MR
KASHYAP R JOSHI for
Applicant(s) : 1,
MS HINA DESAI for Opponent(s) : 1,
None for
Opponent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 01/10/2010
ORAL
ORDER
Heard
learned advocates appearing on behalf of respective parties.
In this application, prayer is made by applicant in Para 27(C),
which is quoted as under :
27(C). Your
Lordship be pleased to allow this application and review the oral
order dated 13.5.2010 passed by this Hon’ble Court based upon the
false version, false affidavit and fabricated constitution of the
applicant submitted by the original petitioner i.e. opponent No.1 and
dismissed the said petition i.e. SCA No.6083 of 2010 with heavy
cost.
This
Court has passed an order on 13th May 2010 in Special
Civil Application No.6083 of 2010, which is quoted as under :
1.
Heard learned advocate
Ms.Hina Desai on behalf of petitioner. Grievance of the present
petition is that application which has been made to the Registrar of
Trade Union under Section 14(A) of the Trade Unions Act, 1926, which
has not been yet decided by Registrar. She submitted that according
to the constitution of the Trade Union, election is required to be
declared by the body of office bearers of respondent-Union, but, they
are not declaring the election, though period is over.
2. In
light of this background, it is directed to respondent No.1-Deputy
Registrar, Narmada Bhawan, Kothi, Vadodara to examine the application
given by petitioner on 30.08.2009 and on 17.04.2010, while exercising
the power under Section 14(A) of the Trade Unions Act, 1926 in
accordance with law within a period of 15 days from the date of
receiving a copy of this order.
3. In
view of above observations and directions, present petition is
disposed of by this Court, without expressing any opinion on merits.
In
pursuance of the order passed by this Court which has been acted upon
by Deputy Registrar of Trade Union Act, Vadodara and dispute in
respect of office bearer of Trade Union has been given consent under
Section 14(A) of Trade Union Act by order dated 15th June
2010. Therefore, direction which has been issued by this Court by
order dated 13th May 2010 which has been already
implemented and subsequently, Deputy Registrar of Trade Union Act,
Vadodara has passed an order on 15th June 2010, on that
ground, present application for review is not maintainable and same
cannot be entertained by this Court, because, order passed by this
Court is already complied by Deputy Registrar of Trade Union Act,
Vadodara.
Learned
advocate Ms. Hina Desai submitted that pursuant to the aforesaid
order passed by Deputy Registrar of Trade Union Act dated 15th
June 2010, for that, T.U. Reference No.2 of 2010 is also pending
before Industrial Tribunal, Vadodara.
In
light of these facts, present application is not maintainable.
However, allegations which are made in present application against
original petitioner by present applicant have been denied by learned
advocate Ms. Hina Desai. She submitted that whatever submissions made
before this Court at the time when order was passed by this Court on
13th May 2010 after receiving the information under the
provisions of Right to Information Act.
Apart
from that without going into controversy between both parties,
present application is not entertained by this Court.
It
is open for applicant to challenge the order passed by Deputy
Registrar, Trade Union Act, Vadodara dated 15th June 2010,
if he desires, in accordance with law.
In
view of above observation and direction, present petition is not
entertained by this Court. Accordingly, present petition is
dismissed.
[H.K.
RATHOD, J.]
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