Purva Madhya Railway Mazdur Sangh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7474 of 2015 ====================================================== Purva Madhya Railway Mazdur Sangh, having its office at Qr. No. 1, Road No. 1, Gardanibagh, Patna- 800001 represented through its General Secretary, Dilip Kumar Singh s/o Sri Harishchandra Prasad Singh, resident of village + P.O- Ulao, P.S.- Begusarai, District- Begusarai. .... .... Petitioner

Versus

1. The Union of India, through General Manager, E.C. Railway, Hajipur.

2. The Railway Board, through its Chairman, Ministry of Railways, Government of India, Rail Bhawan, New Delhi.

3. East Central Railways, through the General Manager, East Central Railways, Hajipur.

4. The General Manager, East Central Railway, Hajipur.

5. The Divisional Railway Manager, Danapur Division, Danapur, Patna

6. East Central Railway Men's Congress, through its General Secretary at House No. 506/384, New Laljee Tola, Near Kabrostan, Patna-800001

7. East Central Railway Karamchari Union, through its General Secretary at House Railway Station Building 1st Floor, Patna Junction, Patna- 800001

8. State of Bihar, through Secretary Labour Resources Department .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Respondent/s : AC to GA - 10 Mr. Ashok Kumar Keshri ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

13-08-2015 Heard learned counsel for the petitioner, Sri Ashok Kumar Keshri, learned counsel for the respondent/Railway as well as learned A.C. to Govt. Advocate - 10.

The petitioner, who is admittedly an un-recognized trade union, has approached this Court invoking its writ jurisdiction to direct the respondents, particularly respondent no. 3 & 4 to provide office space, bulletin board, advertising space and other related facilities to the petitioner at par with other trade union.

Patna High Court CWJC No.7474 of 2015 (3) dt.13-08-2015 2/2 It is not in dispute that petitioner's union has not been recognized by the railway. Only plea was taken that respondent no. 6, which is also not recognized, has been provided with aforesaid facilities by the Railway.

In this case, a counter affidavit has been filed on behalf of respondent/Railway and the allegation of providing such facilities has been refuted.

In view of the facts and circumstances, particularly; the fact that the petitioner is not a recognized trade union and the rebuttal of the Railway that no similar facilities has been provided to other similarly situated union, the Court is of the opinion that no writ can be issued.

The writ petition stands dismissed.

(Rakesh Kumar, J.) Anay U