Bombay High CourtCAW/769/2018dismissedrule discharged

Koyla Shramik Sabha, Nagpur Through President Shiv Kumar Babulal Yadav And Others v. Umashankar S/O Gupteshwarprasad Singh And Others

2018-04-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 caw769.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.W. NO. 769/2018 IN WRIT PETITION NO. 556/2018 (D) Koyla Shramik Sabha & ors.

..VS..

Umashankar S/o Gupteshwar & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. Sharif, Advocate for the petitioner(s) Shri P.P. Pendke, Advocate for the respondent no. 3 Shri A.Sudame, Advocate for the respondent no. 12 CORAM : Z.A.HAQ, J.

DATED : APRIL 06 2018.

By the judgment delivered in W.P. No. 556/2018, this Court issued certain directions to facilitate the conduct of election of the concerned Union. Now the original respondent no. 1 has come up with this application seeking clarification of the direction no. 10 of the operative portion of the judgment delivered in the writ petition on 05/02/2018. The contention of the respondent no. 1 is that according to the petitioners, the tenure of the elected executive body of the Union is of two years as per the original constitution of the Union, according to the respondent no. 4 (W.C.L.), the tenure of the elected executive body of the Union is of three years as per Section 6 (hh) of the Trade Unions Act, 1926 and according to the respondent no. 1, the tenure of the elected executive body of the Union is of five years as per the amended constitution of the Union. This point was raised by the parties and after considering the

2 caw769.2018 submissions made on this point, consciously directions were issued regarding holding of the election of the Trade Union as per the time schedule.

The prayer made by the respondent no. 1 in this application cannot be granted as it cannot be said that there is any ambiguity in the directions given by this Court which necessitates any clarification.

The civil application is dismissed. In the circumstances, the parties to bear their own costs. JUDGE Ansari