UNION OF INDIA & ORS Vs. CLW LABOUR UNION & ANR
LAWS(CAL)-2019-3-150
HIGH COURT OF CALCUTTA
Decided on March 29,2019

Union Of India And Ors Appellant
VERSUS
Clw Labour Union And Anr Respondents

JUDGEMENT

Dipankar Datta, J. - (1.) Clw Labour Union and its General Secretary invoked the writ jurisdiction of this Court by presenting WP 25389 (W) of 2012 seeking, inter alia, the following relief: "a) A writ of and/or in the nature of Mandamus commanding the respondents and each one of them, their men, agents, assigns and/or subordinates to grant recognition to your petitioner no. 1 for operating as a recognized Trade Union at CLW and to allow the petitioner no. 1 to participate in bargaining and/or joint negotiation with the management; b) A writ of and/or in the nature of Certiorari commanding the respondents and each one of them, their men, agents, assigns and/or subordinates to certify and transmit to this Hon'ble Court the records of the case including any order that might had been passed so as not to recognize your petitioner no. 1 or allow it to participate in negotiation and/or bargaining with the management at CLW, so that conscionable justice may be administered by quashing the same;"
(2.) The writ petition was allowed by a learned Judge of this Court by a judgment and order dated May 15, 2017. The operative part of the order reads as follows: "In such view of it, I find sufficient merit in the writ petition and justification for approaching the Court for the reliefs sought in the petition. The writ petition is allowed. Mandamus is issued directing the respondents to allow the petitioners to participate in the secret ballot and to take steps pursuant to the result thereof for recognition as a trade union, within four weeks from the date of the communication of the order."
(3.) It is this judgment and order of the learned Judge that has been carried before us in this intra-court writ appeal by the Union of India, the Railway Board, the Chittaranjan Locomotive Works, Chittaranjan, its Chief Personnel Officer and General Manager, and the Staff Council.;


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