Rashtriya Colliery Mazdoor Congres v. Bhagwat Prasad Dubey
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1640 of 2018
1. Rashtriya Colliery Mazdoor Congres (Regd. No. 22 Of 1948), A Trade Union Having Its Head Quarter At B/ 21-22, Indira Vihar, Seepat Road, Bilaspur Chhattisgarh. Through Its General Secretary - Dr. Deepak Jaiswal S/o Late Shri Ramswarup Jaiswal S/o Late Shri Ramswarup Jaiswal, Aged About 57 Years, R/o Vidya Nagar, In Front Of Apollo Pharmacy, Bilaspur, Police Station - Tarbahar, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
2. Dr. Deepak Jaiswal, S/o Late Shri Ramswarup Jaiswal, Aged About 57 Years General Secretary Of Rashtriya Colliery Mazdoor Congres, R/o Vidya Nagar, In Front Of Apollo Pharmacy, Bilaspur, Police Station - Tarbahar, District Bilaspur Chhattisgarh. (Respondent No. 2), District : Bilaspur, Chhattisgarh ---- Petitioners
Versus
1. Bhagwat Prasad Dubey S/o Shri Ram Kumar Dubey, Aged About 73 Years, R/o Ward No. 15, Chirmiri, General Secretary, Rashtriya Colliery Workers Federation, Federation Office, Chirmiri, Post Office - Chirmiri, Korea, Chhattisgarh [as claimed before the Court below]
2. The Registrar, Trade Union, Chhattisgarh, Office Of Labour Commissioner, Block - 3, 2nd Floor, Indrawati Bhawan, New Raipur Chhattisgarh. (Respondent No. 1), District : Raipur, Chhattisgarh ---- Respondents For Petitioner :
Mr. R. R. Soni, Advocate.
For Respondents/ State :
Mr. R. N. Pusty, G. A.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 19/06/18 1.
By the impugned order dated 03.05.2018 (Annexure - P/1), the Learned Member Judge, Industrial Court has admitted the appeal filed by the opposite party (respondent No. 1 herein) and fixed the case for final hearing, aggrieved against which this writ petition has been preferred by the petitioner.
2.
Learned counsel appearing for the petitioner would submit that the appeal preferred by respondent No. 1 could not be admitted as no such appeal lies.
3.
Be that as it may, the petitioner is at liberty to make an application before the said authority that the appeal preferred by the opposite party is not maintainable. If such an application is preferred by the petitioner then the Industrial Court shall consider and decide the same expeditiously. 4.
With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).
Certified copy by tomorrow.
Sd/- (Sanjay K. Agrawal) Judge Priyanka