Bombay High CourtWP/6696/2016dispossed offdismiss for default

Bahujan Executives Assocition Of Bsnl Thr. Circle President, Mr. Jaiprakash Dongre v. Chairman Cum Managing Director Bharat Sanchar Nigam Ltd. New Delhi And Others

2016-11-29Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

WP6696-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6696/2016 (BAHUJAN EXECUTIVES ASSOCIATION OF BSNL VERSUS CHAIRMAN CUM M.D., B.S.N.L., NEW DELHI & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.A. Marathe, counsel for the petitioner. CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : NOVEMBER 29 , 2016.

By this writ petition, the petitioner-Association seeks action against the respondents for violating the code of conduct as contemplated under Rule 15 of the Bharat Sanchar Nigam Limited (Recognition of Executives Association) Rules, 2014. A direction is also sought against the respondents to decide the representation made by the petitioner-Association.

We have perused the Bharat Sanchar Nigam Limited (Recognition of Executives Association) Rules, 2014. Rule 17 clearly provides that if a question arises as to the interpretation of the provisions of the rules or if there is any dispute relating to fulfillment of conditions for recognition, the same is liable to be referred to the Director (Human Resources), B.S.N.L. Board as required by the provisions of Rule 17 of the Rules of 2014. Since a dispute pertaining to the recognition cannot be decided in exercise of the writ jurisdiction in view of the existence of an alternate remedy under Rule 17 of the Rules, the writ petition is liable to be dismissed.

WP6696-16 Hence, we dismiss the writ petition with no order as to costs.

JUDGE JUDGE APTE