Gauhati High Court
Trade Union Of Oil And Natural Gas ... vs The Union Of India And 5 Ors on 21 August, 2023
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/3
GAHC010180012023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4734/2023
TRADE UNION OF OIL AND NATURAL GAS COMMISSION WORKERS,
CACHAR PROJECT, SILCHAR, ASSAM
REPRESENTED BY SRI ASHOK BAIDYA, AGED ABOUT 60 YEARS,
GENERAL SECRETARY OF THE SAID UNION,
RAILWAY 2ND GATE, P.O.- TARAPUR, SILCHAR,
DIST.- CACHAR, ASSAM, PIN- 788003.
VERSUS
THE UNION OF INDIA AND 5 ORS
TO BE REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA,
MINISTRY OF PETROLEUM AND NATURAL GAS, ETC.,
NEW DELHI, 110001.
2:OIL AND NATURAL GAS COMMISSION (ONGC)
TO BE REPRESENTED BY CHAIRMAN
ONGC
PLOT NO. 5A-5B
NESON MANDELA ROAD
VASANT KUNJ
NEW DELHI
110070.
3:GENERAL MANAGER (HR) I/C-HR-ER
ONGC
CACHAR PROJECT
SRIKONA
SILCHAR
CACHAR
Page No.# 2/3
PIN- 788026.
4:THE ASSET MANAGER
ONGC
AAFB-EA
SILCHAR ASSET
SRIKONA
PIN- 788026.
5:CHIEF LABOUR COMMISSIONER
GOVT. OF INDIA
SHRAMEV JAYATE BHAWAN
G-4
SECTOR-10
DWARKA
NEW DELHI
110075.
6:HIRESH CHAKRABORTY
S/O LATE H.K. CHAKRABORTY
R/O- SIB BARI ROAD
ROMANI MOHAN LANE
P.O.- TARAPUR
DIST.- CACHAR
ASSAM
PIN- 788003
Advocate for the Petitioner : MR. N H MAZARBHUIYAN
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 21/08/2023 Heard Mr. N. H. Mazarbhuiyan, learned counsel for the writ petitioner.
Page No.# 3/3 Assailing the office order dated 17/07/2023 issued by the respondent no. 3 sealing the office of the TUOW on the ground that there is a dispute between the two factions of the office bearers of the Trade Union, the instant writ petition has been filed.
Mr. Mazarbhuiyan submits that in the event of a dispute between the office bearers of the Trade Union, it is only the respondent no. 5 who can look into the matter. Therefore, the impugned order issued by the respondent no. 3 is wholly arbitrary and illegal.
Mr. P.K. Medhi, learned CGC, appearing for the respondent nos.1 & 5 and Ms. K. Bhattacharjee, learned counsel for the respondent nos. 2, 3 & 4, pray for some time to obtain instruction and file affidavit.
In view of the above, issue notice of motion returnable in four weeks. Since the respondent nos. 1 to 5 are already represented, no formal notice is required to be sent to the said respondents. However, extra copies of the writ petition, requisite in numbers, be furnished to the learned departmental counsel within three days from today, so as to enable them to obtain instruction and file affidavit.
Petitioner to take steps for service of notice upon the respondent no. 6 by registered post with A.D within 3 (three) days from today.
Heard on the prayer of interim relief.
Mr. Mazarbhuiyan has submitted that his clients have already approached the respondent no.
5. As such, the prayer for interim relief will be considered on the returnable date.
List the matter accordingly.
JUDGE sukhamay Comparing Assistant