Bishwajeet Mondal v. Registrar, Trade Union

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (L) No. 99 of 2018 Bishwajeet Mondal S/o Shri Bikas Mondal, age about 37 years, Working President, BALCO Karmachari Ekta Manch, R/o. H.No. 1099/1406, Daihanpara, BALCO Nagar, Korba, Police Station - BALCO, District - Korba (Chhattisgarh).

---Petitioner

Versus

Registrar, Trade Union, IInd Floor, Indravati Bhawan, Naya Raipur (Chhattisgarh).

---Respondent For petitioner : Mr. K. P. S. Gandhi, Advocate.

For respondent : Mr. Avinash Singh, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 07.05.2018 1.

The Industrial Court Bench at Bilaspur, while entertaining the appeal filed by petitioner against cancellation of his registration certificate by Registrar, Trade Union, has initially granted interim order in favour of the petitioner on 28.03.2018 (Annexure - P/4), but the impugned order passed by the said Court on 19.04.2018 (Annexure - P/1) vacated that interim order, against which this writ petition has been filed. 2.

Learned counsel for the petitioner would submit that impugned order is unsustainable and bad in law and is liable to be set aside. 3.

I have heard learned counsel for the petitioner and perused the impugned order with utmost circumspection.

4.

The petitioner's union certificate of registration has already been cancelled by Registrar, Trade Union on 05.03.2018. The Industrial Court

vacated the interim order granted earlier finding no prima facie case in favour of petitioner to continue that interim order and fixed the case for final hearing on 21.06.2018. This is purely a discretionary order which cannot be interfered with in exercise of jurisdiction under Article 226 of the Constitution of India. However, Industrial Court is directed to hear and decide the appeal finally on or before 10.07.2017 positively. 5.

The writ petition stands finally disposed of with above stated direction. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Priyanka