DEBASISH KAR GUPTA,J. - (1.) This writ application is filed by the writ petitioners for cancellation of contract carriage permit issued in favour of the respondent nos. 10 to 24 on the ground of granting the permits to the respondent nos. 10 to 24 in violation of notification no. 3438-WT/3M-139/2004 dated August 6, 2004 and notification no. 268-WT/3M-01/2010 Pt. -I, dated January 29, 2010.
(2.) At the very outset a preliminary objection is raised by Mr. Anindya Lahiri, learned counsel appearing on behalf of the respondents no. 10 to 24 with regard to the maintainability of this writ application. According to him, petitioner no. 1 is a non-registered union of auto rickshaw operators of Kolkata. Therefore, it has no locus standi to move this application. It is also submitted by him that the petitioners no. 2, 3 and 4 are existing operators of their auto rickshaws on route no. 93. According to him, none of the respondent nos. 10 to 24 is operator of any auto rickshaw on the above route.
(3.) The matter was adjourned on several occasions on the prayers made on behalf of the petitioners to produce the materials before this Court to show that the petitioner no. 1 is a registered union. Ultimately a supplementary affidavit to this writ application is filed. It appears from Annexure P-9 at page 5 of the above supplementary affidavit that a body namely "Sai to Sankar Netralaya via Karunamayee Auto Rickshaw Union" has been registered by the Registrar of Trade Unions under the Trade Unions Act, 1926. It has been stated in paragraph 4 of the above supplementary affidavit that the aforesaid "Sai to Sankar Netralaya via Karunamayee Auto Rickshaw Union" is one of the units of the petitioner no. 1.;