NORTH EASTERN CHEMICALS Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this writ petition, the petitioner prays for issuing a writ in the nature of certiorari for quashing (1) the Certificate No.1725 dated 13.05.1998 for registration of the respondent No.3 [North Eastern Electric Power Corporation Ltd Security Union, KHEP, P.O., Umrangso, District North Cachar Hills (Assam] as "Trade Union" and (ii) the orders dated 16.11.1998 passed by the learned Labour Commissioner-cum-Registrar of Trade Union, Assam for rejecting the application filed by the petitioner, under Section 10 of the Trade Unions Act, 1926 for cancellation of the registration of respondent No.3 as Trade Union.

(2.) Heard Mr. K. P. Sarma, learned senior counsel assisted by Ms.B.Choudhury, learned counsel for the petitioner and also Mr. A. K. Dasgupta, Advocate and Mr. S. Sarma, Advocate appearing for the respondents.

(3.) FACTUAL BACKGROUND: The writ petitioner, "North Eastern Electric Power Corporation Limited" (for short NEEPCO) came into being in April, 1976 as a Government of India undertaking enterprise with its Headquarters at Shillong. The NEEPCO had a modest beginning with implementation of 150 MW Kopili Hyero Electric Project at Umrangso, which was fully commissioned in 1988 and the same has become self sufficient and one of the few profit making organizations in the public sector. Thereafter, during 1998-1999 NEEPCO had successfully put into commercial operation of the 3 Steam Turbine (90 MW) of Assam Gas Base Power Project, Kothalguri and (84 MW) Agartala Gas Turbine power Project, Tripura. Further NEEPCO was all set to promote, invest, survey, design, construct, generate, operate and maintain power stations in the entire North Eastern region. Accordingly, NEEPCO is executing Doyang H.E, Project (75 MW) at Wakha, Nagaland, the Ranganadi H.E Project (405 MW) at Lower Subansiri District in Arunachal Pradesh, Turial H.E Project (60 MW) in Mizoram.