M.C.CHATURVEDI, J. - (1.) Heard Shri M.C. Chaturvedi, learned Senior Counsel assisted by Sri Suresh Chandra Dwivedi appearing for the petitioners; Shri Ashok Mehta, learned Addl. Solicitor General of India assisted by Shri Saurabh Srivastava appearing for respondents as well as Shri Ajay Kumar Sharma, Shri Dinesh Chandra Mishra and Sri Anand Mohan Pandey, learned counsels appearing for the applicants seeking impleadment.
(2.) North Central Railways through its General Secretary R.P. Singh is before this Court assailing the order dated 16.1.2017 passed by third respondent refusing to register the election of the petitioner Sangh held on 2.11.2016 and for a direction to the third respondent to record the executive body of the petitioner Sangh elected on 2.11.2016 on the register maintained by Deputy Labour Commissioner/ Deputy Registrar, Trade Union.
(3.) Factual matrix given rise to present writ petition is as follows : The first petitioner i.e. North Central Railway Employees Sangh is a registered trade union under the Trade Union Act, 1926 by the Registrar of Trade Union, U.P. bearing Registration No.9168 dated 10.3.2003. One Shri O.P. Pathak had made certain complaints regarding registration of petitioner Union and on his complaint a show cause notice dated 10.4.2003 was issued by the second respondent asking the petitioner Union as to why the registration be not cancelled. The reply thereto was submitted by the petitioners Union on 21.4.2003. The said show cause notice was subsequently withdrawn considering the reply submitted by the petitioners Union vide order dated 29.4.2003. Even though the said complaint was withdrawn but the complainant was not satisfied and had instituted a Civil Suit bearing Case No.43A of 2003 in the Court of IInd Civil Judge, Group-2, Gwalior in which temporary injunction was obtained on 16.4.2003. Aggrieved with the said injunction the petitioners Union had preferred Writ Petition No.1295 of 2003 before the High Court, Gwalior and the High Court Gwalior had proceeded to set aside the order passed by the Civil Court vide order dated 13.5.2003. The complainant had further proceeded to file a complaint before the Judicial Magistrate, Ist class, Gwalior in which on 17.5.2005 an arrest warrant against the second petitioner along with some other persons was issued. Aggrieved with the said arrest warrant, the petitioners Union had further proceeded to challenge the same before the High Court, Gwalior by preferring Writ Petition No.1502 of 2005 in which the High Court had intervened and passed interim order in favour of the petitioners on 9.6.2005 staying the effect and operation of the arrest warrant dated 17.5.2005. Finally vide order dated 2.1.2007 the High Court, Gwalior had set aside the arrest warrant dated 17.5.2005.;