LAWS(CAL)-2018-7-167

SOUTH EASTERN RAILWAY MENS TRINAMUL CONGRESS AND ANOTHER Vs. SOUTH EASTERN RAILWAY MENS CONGRESS AND OTHERS

Decided On July 02, 2018
South Eastern Railway Mens Trinamul Congress And Another Appellant
V/S
South Eastern Railway Mens Congress And Others Respondents

JUDGEMENT

(1.) This revisional application is directed against the judgement and order dated 30th May, 2018 passed by the learned Additional District Judge, 16th Court at Alipore in Miscellaneous Appeal No. 269 of 2017. By the order impugned the learned Additional District Judge modified the initial order passed under Order 39 Rules 1 and 2 filed by the plaintiffs/petitioners.

(2.) The short case made out by the petitioners that out of four contesting unions the petitioner is one who ultimately could not succeed in the election held in the first week of May, 2013. According to the plaintiffs/petitioners there are certain norms which all the contesting unions were to comply with that is to say that they should furnish no dues certificate regarding payment of all dues on account of office rent, electricity charges, water charges, telephone bills etc. for office under their possession which should be covered ending 31.12.2012. The Railway administration should immediately raised bills wherever they are due. Separate no dues certificate may be submitted for each Division covering all facilities in its jurisdiction. Clause 12(x) under the heading Filing of Nominations specifies the said qualifications for filing the nomination paper before contesting an election.

(3.) Clause 12 (x) is as follows;-