Bsl Anadhishashi Kramchari Sangh, Bokaro Through Its President v. Union Of India Through Ministry Of Steel Through Its Secretary & ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16767/2024 & CM APPL. 70949/2024, CM APPL. 70950/2024, CM APPL. 70951/2024 BSL ANADHISHASHI KRAMCHARI SANGH, BOKARO THROUGH ITS PRESIDENT .....Petitioner Through:
Mr. Bipin Bihari Singh, Mr. Ashok Anand and Mr. Somanath Padhan, Advocates.
versus UNION OF INDIA THROUGH MINISTRY OF STEEL THROUGH ITS SECRETARY & ORS.
.....Respondents Through:
Ms. Gauri Goburdhun, SPC with Mr.
Gurjas Narula, GP for UOI.
Mr.
Sharat Kapoor, Mr.
Shubh Kapoor and Ms.
Bhavyah Garg, Advocates for R-2 & 3.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 04.12.2024 1.
Petitioner, a registered trade union, is working for the welfare of its members who are non-executive employees of Bokaro Steel Limited, Bokaro, Jharkhand and other units of Steel Authority of India. National Joint Committee for Steel Industry,1 Respondent No. 3 was formed in the year 1969 for facilitating wage and salary negotiations of non-executive workmen employed in the iron and steel industry predominantly in the public sector.
1 "NCJS"
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2.
Petitioner's grievance is regarding the constitution of NJCS. It is pointed out that as per the current composition, 15 members out of 25 are nominated representatives of 5 central trade unions. This practice of nominating members, according to Petitioner, is wrong and illegal and is in conflict with the judgment of the Supreme Court in Food Corporation of India Staff Union v. Food Corporation of India and Others.2 3.
In this regard, Petitioner has submitted a representation dated 18th October, 2023 to Respondent No. 1 seeking their intervention in the matter, which was followed by another representation dated 19th August, 2024. 4.
Having regard to the aforenoted facts, in the opinion of the Court, at the first instance, Respondent No. 1 must take a decision on the aforesaid representations before the Court were to exercise its jurisdiction under Article 226 of the Constitution of India, 1950. Thus, without delving into the merits of the case and reserving all rights and contentions of the parties, the instant petition is disposed of with direction to Respondent No. 1 to decide the aforesaid representations as expeditiously as possible, preferably within three months from today.
5.
In case the Petitioner's grievances are not redressed, they shall be free to take recourse to appropriate remedies, in accordance with law. 6.
Disposed of, along with pending applications. SANJEEV NARULA, J DECEMBER 4, 2024/d.negi 2 1995 Supp (1) Supreme Court Cases 678 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2024 at 12:19:18