NANDKISHORE MALKHEDKAR Vs. DEPUTY GENERAL SECRETARY AND CDO

JUDGEMENT

(1.) Petitioner claiming to be a member of the registered Trade Union of the Employees of the respondent-Bank is invoking the writ jurisdiction of this Court to seek a Writ of Mandamus to the first respondent to implement the Endorsement dtd. 11/10/2021 issued by the second respondent-Assistant Labour Commissioner at Annexure-X. The content & effect of the said Endorsement is that the petitioner continues to be a full-fledged member of the said Trade Union and therefore, he should be treated as such by the first respondent.

(2.) Learned Sr. Panel Counsel appearing of respondent Nos.1 & 3 opposes the petition contending that the fourth respondent Trade Union has issued a letter to the effect that petitioner is no longer it's member and therefore, hands of his clients are tied. So contending, he seeks dismissal of the writ petition. The respondent-Trade Union has chosen to remain unrepresented despite service of notice.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence in the matter inasmuch as, the official Endorsement which is relatable to the provisions of Sec. 3 of the Trade Unions Act, 1926 treats the petitioner as the full-fledged member of the fourth respondent-Trade Union which has chosen to remain absent not only before this Court but also before the Second respondent - Assistant Labour Commissioner who has held the proceedings ex parte.