SOUTH WESTERN RAILWAY EMPLOYEES SANGHA CENTRAL OFFICE BY ITS GENERAL SECRETARY HUBLI Vs. UNION OF INDIA REPRESENTED BY ITS SECRETARY NEW DELHI

JUDGEMENT

(1.) WRIT petition by the South Western Railway Employees Sangha, a registered union under the Trade Unions Act, 1926 which is aggrieved that an election conducted by the management of the South Western Railway in terms of the calendar of events notified on 11-10-2007 [Annexure-D] to the writ petition] and said to have been loaded on the internet giving it wide publicity, indicating that the actual elections will take place on 26th, 27th and 28th November, 2007 and the results will be declared on 3-12-2007, having been conducted and the result declared on 6-12-2007 in terms of Annexure-K, declaring that fourth respondent Nairutya Railway Mazdoor Sangha is declared as the recognized union of South Western Railway subject to the outcome of WP No 7956 (M/B) of 2007, pending on the file of High Court at Lucknow Bench, the present writ petition, presented contending that the petitioner had not accepted the result; that the elections were not conducted strictly in consonance with the scheme formulated by the Supreme Court for the purpose of conducting such elections; that the declaration of result also is not in consonance with the said directions and therefore the petitioner has raised a dispute before the General Manager in terms of para-27 of the scheme; that the general manager who has required to resolve the dispute, having not acted upon the dispute raised by the petitioner, but in the interregnum taking steps to effectuate the results, which affects the interest of the petitioner and hence the present writ petition.

(2.) THIS Court while issued notice to the respondents initially, had passed an order to maintain status quo as on 8-9-2008.

(3.) SRI Suresh S Joshi, learned counsel for the petitioner would very vehemently urge that the elections having not been conducted in consonance with the modalities of the scheme formulated by the Supreme Court, such elections should be declared as illegal and without authority of law etc., has urged for granting further prayers as sought for in the writ petition.