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SCA/4749/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4749 of 2010
With
CIVIL
APPLICATION No. 4398 of 2010
In
SPECIAL CIVIL APPLICATION No. 4749 of 2010
=========================================================
SANJAY
KISHANRAO SUPLE & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH REGISTRAR OF TRADE UNION & 3 - Respondent(s)
=========================================================
Appearance
:
MR
KM Patel, Senior Advocate with Mr. PRABHAKAR UPADYAY
for
Petitioner(s) : 1 - 2.
Ms. Shachi Mathur, AGP for Respondent(s) :
1,
Mr. SI Nanavati Senior Advocate with Mr. Saurabh J. Mehta for
Respondent(s) : 2 4.
Mr.
Dipakbhai V Patel for newly added Respondent No.5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 27/04/2010
ORAL
ORDER
Heard
learned Senior Advocate Mr. KM Patel with learned Advocate Mr.
Prabhakar Upadhyay for petitioner, learned AGP Ms. Shachi Mathur for
respondent NO.1, learned Senior Advocate Mr.SI Nanavati with learned
Advocate Mr. Saurabh Mehta for respondents NO. 2 to 4.
Today,
when this matter is taken up for hearing, learned Senior Advocate
Mr.KM Patel requests to permit petitioner to join Shri Ramanbhai
Dahyabhai Patel as party Respondent No.5. Considering his request,
permission is granted to join Shri Ramanbhai Dahyabhai Patel as
party respondent NO.5 to present special civil application. Learned
Advocate Mr. Dipak V. Patel submits that he will appear on behalf of
newly added respondent No.5. Accordingly, cause title is to be
amended by petitioner.
In
this petition, petitioner has made prayers in paragraph 21 (A) to
(D), which are quoted as under:
(A) Your
Lordships may kindly be pleased to issue a writ of Mandamus and or
any other appropriate writ, direction and order to quash and set
aside the communication dated 12.4.2010 issued by respondent NO.1 at
Annexure K to this petition.
(B) Your
Lordships may kindly be pleased to issue a writ of Mandamus and or
any other appropriate writ direction and order to direct the
respondents no.1 and 2 to hold the election for the year 2010 of the
representative members, executive members and office bearer, as per
the constitution of the union and the provisions of Trade Union Act,
1926.
(C)
Your Lordships may kindly be pleased to quash and set aside the
requisition notice dated 9.4.2010 and the communication dated
13.4.2010 at Annexure H and O respectively to this petition by
holding and declaring that the same is illegal, unjust, unfair and
it has been issued on the basis of the so called resolution passed
in the meeting which was held and conducted without following due
procedure of law by the respondent Nos. 3 and 4 in presence of the
representative of the respondent NO.1.
(D) Pending
hearing and final disposal of this petition, Your Lordships may be
pleased to direct the respondent no.2 union to hold the meeting of
the representative members after following due procedure, for
passing the necessary resolution.
Considering
aforesaid prayers made by petitioner, according to my opinion,
petitioner is having alternative, effective and statutory remedy to
approach Registrar of Trade Unions Act, 1926 under section 14-A read
with sub section (1), (2),(3) and (4), therefore, present petition
is not entertained by this Court and only on that ground that
petitioner is having alternative effective and statutory remedy
under section 14-A of Trade Unions Act, 1926, present petition is
disposed of by this Court without expressing any opinion on merits
with a liberty to petitioner to approach appropriate authority under
provisions of section 14-A sub section (1) to (4) of Trade Unions
Act, 1926.
As
and when petitioner approaches Registrar of Trade Unions Act, 1926,
let Registrar may pass appropriate orders and, thereafter, it is
open for petitioner to approach Industrial Court for interim relief
as well as provided under section 14-A of Trade Unions Act, 1926. As
and when such interim relief application is made by petitioner, let
Industrial Court may examine it in accordance with law after giving
reasonable opportunity of hearing to all respective parties and
decide it preferably within period of one month from date of
receiving reply of such application from respective other parties.
In
view of order passed by this court in special civil application
permitting petitioner to join Shri Ramanbhai Dahyabhai Patel as
party respondent NO.5 to special civil application, present Civil
Application filed by applicant Shri Ramanbhai Dahyabhai Patel is
also required to be disposed of. Same is accordingly disposed of.
(H.K.
Rathod,J.)
Vyas
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