N.N.TIWARI, J. - (1.) It has been submitted that the impugned order of both the writ petitions is common and in both the writ petitions the petitioners have made common prayer for quashing the order issued under Memo No. 127 dated 27.1.2007 (An -nexure -10) passed by the Labour Commissioner -cum -Registrar, Trade Union, Jharkhand, Ranchi.
(2.) THE short point taken by Mr. Rajiv Ranjan, learned Counsel appearing on behalf of the petitioners in both the cases, is that the impugned order is wholly arbitrary, illegal and violative of the principle of natural justice. Learned Counsel submitted that the said order has been passed without giving any notice and opportunity of hearing to the petitioners. It has been submitted that the petitioners are the Trade Union and are highly interested in the subject matter of these writ petitions. In fact, the question has been raised for non -holding of elections by the petitioners -Union and in that view, they are highly interested in the matter and are aggrieved by the impugned order. The Labour Com -missioner -cum -Registrar without giving them any notice and opportunity of hearing has passed the said order behind their back. The impugned order is, thus, arbitrary and violative of the principles of natural justice and is a nullity. Mr. P. Modi, learned G.R -I appearing on behalf of the State -respondents, fairly admitted the said position and submitted that the petitioners have not been heard before passing the said order. Learned Counsel submitted that the petitioners may be given an opportunity of hearing and the matter may be remanded to the Labour Commissioner -cum -Registrar, Trade Union, Jharkhand to hear all the interested parties afresh and for taking a fresh decision.
(3.) MR . Sumit Kumar Gadodia, learned Counsel appearing on behalf of the intervener -respondents, however, disputed the facts stated by learned Counsel for the petitioners and submitted that the petitioners had due knowledge and notice about the said matter.;