IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER D.B.Civil Special Appeal (Civil) No.290/2010. In S.B.Civil Writ Petition No.5543/2010. Parmanu Vidyut Karamchari Union. VERSUS Union of India and Others. 26.04.2010. HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE M.N.BHANDARI Mr.Suresh Kashyap, for the appellant. *****
Aggrieved by the order dated 21.04.2010, this appeal has been filed by the appellant Union.
The writ petition was filed questioning the action of the respondents for calling the recognized Union for negotiation. It is stated that recognition of the Union came to an end on 10th April, 2010. Thus, there exists no recognized Union in the respondent organization. In view of the aforesaid, all the registered Unions were required to be called for settlement/negotiation in the meeting which was going to be held on 19th/20th April, 2010. The grievance raised by the petitioners/appellants herein was not accepted by the learned Single Judge taking note of the fact that recognized Union has been called only for the purpose of negotiation.
Learned counsel for the appellant submits that in absence of the elections, previous recognized Unions should not have been called for negotiation in the meeting scheduled on 19th/20th April, 2010.
We have considered the submission made by the learned counsel for the appellant and perused the judgment passed by the learned Single Judge.
It is a case where recognized Union exists and as per the record, recognition was granted till 10th April, 2010. It has not been disputed by the learned counsel for the appellant that no election has taken place. In that view of the matter, till new elections are held, the recognized Union would be entitled to participate in the negotiation for the settlement. The learned Single Judge dismissed the writ petition taking note of all the relevant aspects.
In view of the aforesaid, we do not find any reason to interfere with the judgment passed by the learned Single Judge. The appeal and the stay application accordingly stand dismissed.
(M.N.BHANDARI),J. (DALIP SINGH),J. Solanki DS, Jr.P.A