- (1.) The special appeal has arisen from an order of the learned Single Judge dated 6 July 2015. The appellant is the original petitioner in a writ petition which is pending before the learned Single Judge. In the writ petition, the appellant has challenged an order dated 23 April 2015 passed by the Deputy Labour Commissioner and Deputy Registrar, Trade Unions, Allahabad deleting the name of the appellant from Form-J from the post of President of the North Central Railway Employees Sangh and co-opting the fifth respondent as well as the order dated 16 January 2015 passed by the Chief Personnel Officer, North Central Railway.
(2.) It appears from the reasons which have been recorded by the learned Single Judge that the submission of the appellant was that it was incumbent on the Deputy Registrar of Trade Unions to supply to the appellant Form-J deleting his name as President and coopting the fifth respondent and a copy of agenda and minutes of the meeting in which the alleged resolution was passed. The grievance of the appellant was that there was a violation of the principles of natural justice and no opportunity of a hearing was afforded to him. Having recorded the submissions, the learned Single Judge has observed that the matter requires consideration. But the ultimate order which has been passed is that the status-quo as on date shall be maintained by the parties. Prima facie, it appears that the effect of the interim order is contrary to what has been observed in the earlier part of the order.
(3.) Ordinarily, we would not have been inclined to entertain a special appeal against an interlocutory order but reading the order of the learned Single Judge as it stands, it would appear that there seems to be a disconnect between the ultimate interim order and what has been observed in the earlier part of the order. In this view of the matter, we are of the view that it would be appropriate to set aside the impugned order passed by the learned Single Judge directing the maintenance of status-quo between the parties. We, however, leave it open to the appellant to renew the application for interim relief within a period of two weeks from today. We clarify that any observations contained in this order shall not amount to an expression of any opinion on the merits of the rival contentions since all the rights and contentions are kept open. Since the next date of listing of the petition before the learned Single Judge is 13 August 2015, when two writ petitions have been connected together, the application for interim relief may be renewed on that date. However, this should not preclude the learned Single Judge from disposing of the petitions at that stage if it is possible to do so consistent with the exigencies of the works.;