SANJIV MUKHERJEE Vs. GENERAL MANAGER, NORTHERN RAILWAY

JUDGEMENT

(1.) PRESENT writ petition has been filed praying for a writ of Mandamus declaring that as per Rules 18, 20 and 28 of the constitution of Uttariya Railway Mazdoor Union (for short 'URMU'), respondent No.2 had ceased to be its Member and consequently its General Secretary.

(2.) LEARNED counsel for petitioner submits that respondent No.2 has no authority, power or competence to convene a Working Committee, Central Council and General Body Meeting on 05th and 06th August, 2013 inasmuch as respondent No.2 is not even a primary Member of URMU and is not at all competent to hold any post.

(3.) AT this stage, learned counsel for petitioner draws this Court's attention to the letter dated 01st April, 2013 wherein the Railways has opined that acceptance of nomination form filed under respondent No.2 signatures was in violation of Lucknow Civil Judge's decree dated 09th August, 2011 in Case No.837/2010 as in accordance with the said order the faction led by Mr. C.P. Singh was declared as office bearer and respondent No.2 faction was restrained from interfering in the working of the Union. Consequently, he submits that if orders as prayed for are not passed, URMU runs the risk of being de- recognised by the Railways.