USHA ALLOYS MAZDOOR SANGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for challenging the direction issued by the Labour Commissioner -cum -Registrar, Trade Union, Jharkhand, Ranchi dated 19th February, 2011, which is annexed at Annexure18 to the memo of the present petition, whereby, the registration of the petitioner -Trade Union has been held as valid one, but, the direction has been given to hold election within forty days at the petitioner -Trade Union.

(2.) LEARNED counsel for the petitioner submitted that it is already informed to the respondent authorities that the petitioner -Trade Union has held election in March 2009 and it will remain in force upto March 2012. Despite this fact, a direction has been given by the impugned order to hold the election and, therefore, the said order is dehors the fact of the case. There is no need to hold any fresh election, whatsoever. There is no allegation about the election of the petitioner -Trade Union. It is submitted by learned counsel for the petitioner that vide letter dated 1st April, 2009, which is annexed at Annexure 21 to the memo of the supplementary affidavit, filed by the petitioner, in detail, it was informed to the respondent authorities that the election has already been held on 30th March, 2009 for the period 20092012. Despite this fact, direction has been given to hold the election, therefore, the impugned order deserves to be quashed and set aside.

(3.) LEARNED counsel for the respondent -State is seeking time as he has written letter on 9th March, 2011 to the respondents, but, nobody has approached the Government Pleader -II and, therefore, he is unable to point out anything in support of the impugned order.