Ferro Scrap Workers Union Intuc v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP (227) No.125 of 2017 Ferro Scrap Workers Union (INTUC) Through-President S.M. Pandey S/o Shri R.N.Pandey, Aged about 55 years, R/o Qr.No.8/B, Road No.24, Sector-1, Bhilai Nagar, Tahsil & District-Durg (CG) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Registrar, Trade Union, Raipur, Labour Department, Part-III, 2nd Floor, Indrawati Bhawan, Naya Raipur, Tahsil & District Raipur Chhattisgarh

2. T. K. Chakravorty, President, Industrial Court Raipur, District Raipur Chhattisgarh

3. Arun Kumar Sisodiya, S/o Shri J.N. Singh, President Ferro, Scrap Workers Union (INTUC) R/o 41/11, Radhika Nagar, Supela, Bhilai District Durg Chhattisgarh

4. Ghanshyam Soni, S/o Late Shyam Soni, Secretary, Ferro Scrap Workers Union (INTUC) R/o Qr No.1 / B Sadak Avenue D Sector -6 Bhilai Nagar, District Durg Chhattisgarh

5. Murlidhar Netam, S/o Shri Johatar Ram, Karyawahak President, Ferro, Scrap Workers Union R/o 245 / A Risali Sector, Bhilai, District Durg Chhattisgarh

6. Gopika Prasad Choudhary, S/o Late Rameshwar Prasad Choudhary, Active Member, Ferro Scrap Workers Union R/o In Front Of Electricity Office, Ram Ngar, Supela, Bhilai, District Durg Chhattisgarh ---- Respondents For Petitioner :

Mr.Ravi Ranjan Sinha, Advocate For State :

Mr.Gary Mukhopadhyay, Dy.G.A.

For Res.No.3 to 6 :

Mr.B.P.Singh, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 16/02/2017 1.

The petitioner-Union preferred an appeal before the Industrial Court, Raipur against the order of the Registrar,

Trade Union dated 7.9.2016. By order dated 20.9.2016, the Industrial Court has passed an interim order in favour of the petitioner and thereafter by order dated 21.11.2016, intervention application has been allowed. Against which, this writ petition has been filed.

2.

Learned counsel for the petitioner would submit that interveners have been impleaded by name, whereas they ought to have been impleaded by name of the Union. 3.

On the other hand, learned counsel for respondents No.3 to 6 would submit that interveners were President, Secretary, In-charge President and Member of the said Union and therefore, they have rightly been impleaded as interveners. 4.

The Industrial Court has clearly held that these interveners appears to be proper parties to decide to lis between the parties and the said Court has directed them to intervene. 5.

After hearing learned counsel appearing for the parties, I deem it appropriate to direct the Industrial Court to decide the main appeal finally after hearing the parties pending before it within a period of three months from the date of receipt of certified copy of this order. It is open for the petitioner to make all his legal submissions in the said appeal as interim order is also operating in his favour. The Industrial Court will decide the main dispute between the parties and in view of this it will not be necessary to

consider the application for vacating stay filed by the interveners.

6.

With the aforesaid observation, the writ petition stands finally disposed of.

Sd/- (Sanjay K.Agrawal) Judge B/-