BHARTIYA KHADYA NIGAM SHRAMIK SANGTHAN Vs. REGISTRAR, TRADE UNIONS, U.P.
LAWS(ALL)-2016-3-325
HIGH COURT OF ALLAHABAD
Decided on March 01,2016

Bhartiya Khadya Nigam Shramik Sangthan Appellant
VERSUS
Registrar, Trade Unions, U.P. Respondents

JUDGEMENT

SUDHIR AGARWAL, RAKESH SRIVASTAVA, JJ. - (1.) Heard Shri Gajendra Pratap, learned Senior Advocate assisted by Shri Yogesh Kumar Sinha, learned counsel for petitioners and learned Standing Counsel.
(2.) This writ petition has arisen from order dated 19.12.2015 passed by Deputy Registrar, Trade Union, Kanpur directing both parties to avail remedy before Civil Court since there is rival dispute in respect to Office Bearers, to run Trade Union.
(3.) Shri Gajendra Pratap contended that substantial right of parties, as has been set up, may be got settled by authority by instituting Civil Suit, but to the extent that Trade Union may function properly, Registrar/Deputy Registrar ought to have exercised administrative power by recognising either of parties to function as Office Bearers to run Trade Union, hence functioning of Trade Union may not obstruct. He placed reliance on Iffco Phulpur Karmchari Sangh v. Registrar Trade Union and others, 1991 (63) FLR 823.;


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