Bombay High Court
Divisional Railway Manager, Central ... vs Toshif L. Dhurve Thr. General ... on 18 December, 2019
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
WP 5943/19 @ Connected WPs 1 Common Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 5943/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Manoj Ramesh Baisware,
R/o Plot No.14, Dipak Nagar, Nari Road, Uppalwadi,
Nagpur - 440 026 Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 6817/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Suraiyya P. Golloo,
R/o near Kapasi Mata Mandir, Khalasi Line,
Nagpur - 1, Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 6819/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
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WP 5943/19 @ Connected WPs 2 Common Judgment
Rajendra R. Gaydhane,
R/o Ward No.3, Gudama, Post Datora,
Tah. & Dist. Gondia-441 614 Through General
Secretary, Parcel Porter Sanghatana, South East
Madhya Railway, Nagpur Division, New Mankapur,
Plot No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 6820/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Hemraj G. Kadnake,
R/o near Reliance Fresh, Gondwana Nagar,
Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 6821/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Nageshwar Dorlikar,
R/o near Sitaram Kharve House, Zenda Chowk,
Nagpur - 2, Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 6825/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
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WP 5943/19 @ Connected WPs 3 Common Judgment
.....VERSUS.....
Pranay Chanduji Ramteke,
R/o Medical Square, Near Anjalu Apartment,
Hanuman Nagar, Nagpur. Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 6834/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Eknath H. Wawarkar,
R/o Hanuman Mandir jawad, 22, Pawan Putra Nagar,
Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 6836/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Sachin Anil Joseph,
R/o Central Railway, Qrt. No.35/D, Khalasi
Line, Mohan Nagar (Urban) Nagpur - 440 001,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
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WP 5943/19 @ Connected WPs 4 Common Judgment
WRIT PETITION No. 6861/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Toshif L. Dhurve,
R/o Shivaji Nagar, Maroti Mandir Nagpur -
440 002, Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 6908/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Manoj Waghmare,
R/o Salwan Buddha Vihar, Ambedkar Nagar,
Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7126/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
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WP 5943/19 @ Connected WPs 5 Common Judgment
Nitin Kanojiya,
R/o Plot No.L-48/6, Kamtee Road,
Near Gurudwara, Panjabi Line, Bezanbag,
Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7127/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Amar S. Baghel,
Central Railway Colony, Qt.No.R/B/1/333, Ajni,
Nagpur-440033, Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7128/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Ajay R. Maraskolhe,
R/o Dharampeth, Ambedkar Gaikwad Colony,
Ramu Patang Stores, Dharampeth,
Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7129/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
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WP 5943/19 @ Connected WPs 6 Common Judgment
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Kishor A. Shendre,
R/o Plot No.77, Dattadham Nagar,
Suryat Society, Manewada, Besa Road,
Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7130/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Sanjay M. Vaidya,
R/o Motibag, Bhoslewadi, Near Bouddha vihar,
Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7131/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Roshan Dhoke,
R/o Ward No.16, Railway Station Road,
SBI Square, Narkhed, Dist. Nagpur-441304,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
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WP 5943/19 @ Connected WPs 7 Common Judgment
WITH
WRIT PETITION No. 7132/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Arvind Dharamdas Wani,
At Mandgaon, Post Mandgaon,
Tah. Samudrapur, Dist. Wardha.
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7133/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Gurudev P. Borkar,
Plot No.80, Bidgaon Road, Pavanshakti Nagar,
Balpande Society, Wathoda Layout, Nagpur -
440 008, Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7134/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
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WP 5943/19 @ Connected WPs 8 Common Judgment
Shailesh J. Gajbhiye,
R/o Berik, Central Railway Colony, Qtr.No.RB-1,
385/K, Ajni, Nagpur - 440 003
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7135/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Rakesh A. Shendre,
R/o Plot No.77, Dattadham Nagar, Suryat
Society, Manewada, Besa Road,
Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7136/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Mahesh O. Dumbhare,
R/o Bhande Plot, Sevadal Nagar, Umred Road,
Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7137/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
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WP 5943/19 @ Connected WPs 9 Common Judgment
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Vinod Tikaram Lanjewar,
R/o At Post Badegaon, Tah. Saoner, Dist.
Nagpur-441 101, Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7138/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Pramod H. Gawai,
R/o New Babulkheda, Jaibhim Nagar, Plot
No.851, Post. Bhagwan Nagar
Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7139/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Ashraf Tahir Sheikh,
R/o Uppalwadi Chowk, near Shanti Niketan
College, Shabbir Layout, Plot No.264, Kamtee Road,
Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
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WP 5943/19 @ Connected WPs 10 Common Judgment
WITH
WRIT PETITION No. 7140/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Mukund V. Jangle,
R/o Plot No.103, Behind UCO Bank, Shilpa Society,
Manish Nagar, Somalwada Road, Nagpur-440 015,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7141/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Atul M. Murar,
R/o Jaibhim Nagar, Rameshwari Bhavan Nagar,
Nagpur-44027, Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7142/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
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Shubham D. Wankhede,
R/o Lumbini Nagar, Near Lumbini Bouddha Vihar,
Bezanbag, Nagpur-440004, Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7143/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Nilesh D. Mankar,
C/o Damodar Khobragade, Plot No.56, Untkhana
Dahipura Nagar, Near Nagsen School, Nagpur
440 009, Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7144/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Amol B. Patil,
R/o Wathoda Layout, Plot No.43/A, Near
Pranyashil Buddha Vihar, Viddhya Nagar, Hanuman
Mandir, Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
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WRIT PETITION No. 7145/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Ravikant S. Belge,
R/o Bhandara Road, Hanuman Nagar, Bhandewadi,
Nagpur-440035, Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7311/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Mahendra N. Bangre,
Plot No.66, Near Kajal Kirana Stores, Vinoba
Bhave Nagar, Rambhumi Layout, Pardi Road,
Nagpur-440035, Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7312/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Virendra Balvir,
R/o Plot No.57, Maa Bhagawati Nagar,
Manewada Ring Road, Nagpur - 440 034
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
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Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7313/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Pankaj J. Kharat,
C/o Dhananjay Udaram Tirpude, Saraswati Nagar,
Nara Road, Near Prachin Shiv Mandir, Jaripatka,
Nagpur-14, Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7314/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Gagan N. Baisware,
R/o Gupta Bichayat Kendra, Kela Market,
Bajeriya Square, Nagpur, Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7315/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
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Vikas Kirtiram Kohare,
R/o Imamwada Road, Gujarwadi, Mahatma
Fule Bazar, Nagpur-18, Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7316/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Rohit Khare,
R/o Mohan Nagar, Khalasi Line,
Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7317/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Sailesh A. Dahake,
Durga Mata Mandir Javad, 40 Bramha Dighori
Besa, Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7318/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
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2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Vishal Dongre,
R/o Mukkam Ridora, Tah. Katol, Dist.Nagour,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7319/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Ranjeet S. Dhakane,
R/o Plot No.85/A, Amar Tirupati Layout,
Rama Nagar, Beltarodi Road, Nagpur - 440 027,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7320/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Shubham M. Vishwakarma,
R/o Plot No.1, Durga Society, New Yerkheda
Kamtee, Dist. Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
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WP 5943/19 @ Connected WPs 16 Common Judgment
WITH
WRIT PETITION No. 7321/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Vinod Bavankar,
R/o Plot No.4, Gawandipura, Bhande Plot,
Nagpur., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7322/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Praful A. Bansod,
R/o Nimbha, Amravati, Bhatkuli Maharashtra
- 444 602., Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7323/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Omprakash Dorlikar,
R/o Hanuman Mandir, Prem Nagar,
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Narayanpeth Nagpur - 440 002,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7324/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Ganesh H. Golaith,
R/o Indora, Vidhya Nagar, Line No.2, Plot
No.AC/112, Post - Jaripatka Nagpur.,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7325/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Rohit D. Dubey,
Gaddigodam near Tadikhana Nagpur-440001,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7326/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
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.....VERSUS.....
Durgesh R. Asalmol,
R/o 1128(F)/1020/84, Line No.17, Near
Shitala Mata Mandir, Swatantra Nagar,
Nandanvan, Ambedkar Chowk Nagpur-08,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7327/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Satish S. Pathak,
R/o Sudarshan Mandir, Lalganj, Sudarshan
Nagar, Swipar Colony, Nagpur - 440 002,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7328/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Sanjay R. Nakashe,
Central Railway Hospital ke piche, Mohan
Nagar, Nagpur.,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
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WITH
WRIT PETITION No. 7329/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Ramu S. Masaram,
Nawabpura, Opposite Khirni Hanumao Mandir,
Nawabpura, Mahal, Nagpur.,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7330/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Shubham Yevle,
R/o Mugrul Bastargir, Tah. Dhamangaon
Dist. Amravati. Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7543/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
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Nitin S. Wasnik,
Plot No.258, Uppalwadi, Mhasala, near Mahak
Colony, Kamtee Road, Nagpur.,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7544/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Raju Taksande,
R/o Bhivapur Raod, Near Laxmi Mandir,
Mu. Post Vaigaon, Nipani, Tah. & Dist.Wardha -
442 001. Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7545/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Deepak U. Ganvir,
Motibag Matatoli, Near Choti line, Nagpur.,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
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WRIT PETITION No. 7546/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Kamlesh R. Wankhede,
R/o Plot No.205, Shaktimata Nagar, Near
Kakde Ata Chakki, Kharbi Road Nagpur.,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7547/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Deepak V. Lade,
R/o Plot No.H/30, House No.339/8, Deelip Nagar,
Harijan Colony, Jaripatka, Nagpur - 440 014.
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7548/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Ashish A. Dhoke,
R/o Mukundrao Ambedkar Nagar, Bezanbag, Nagpur.,
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Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7549/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Satish S. Khangare,
C/o Ishwar K. Belsare, H. No.1314/78,
Pande Layout, Shriram Nagar, Gonisim, Nagpur
- 440 023. Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7550/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Manoj L. More,
C/o Sanjay Maroti Chimankar, House No.493/A,
Pardeshipura Gaddigodam, Nagpur - 440 001.
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7551/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
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2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Vijay Janardhan Rangari,
R/o Plot No.2, Shambhu Nagar, Faras,
Mankapur, Koradi Road, Nagpur.,
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7552/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Ravindra Rampakolwar,
R/o Madan Chowk, Purana Bhoi pura,
Kamptee, Nagpur - 441 002.
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7553/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Chandrabhan T. Bagde,
R/o At Kochhi, Post Badegaon, Tah. Saoner,
Dist. Nagpur - 441 101.
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
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WITH
WRIT PETITION No. 7554/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Sumedh S. Sahare,
R/o Baidhanath Chowk, Kamgar Bhawan,
Umrao Khobragade Kirana Store, H.No.195,
Rambag, Nagpur - 440 003.
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7555/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Yogendra Lingayat,
R/o Dr.Ambedkar Colony, Near Dhhammadeep
Bouddha Vihar, Lashkaribagh Nagpur - 440 017.
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7556/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
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Suraj D. Gajbhiye,
Near Ambedkar Putla, Gandhinagar, Kamptee,
Dist. Nagpur. Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7557/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Dinesh I. Kursange,
R/o Near Hanuman Mandir, Shinti Nagar,
Gondpura, Nagpur - 440 002.
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7558/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Sachin K. Vaidya,
R/o Railway Qt. No.D-53/A, Gard Line,
Dak Mohalla, Mahatma Fule Bazar, C.A. Road,
Nagpur-440 018. Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
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WRIT PETITION No. 7559/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Dhiraj A. Zade,
R/o Plot No.5, Rastrasant Nagar, Gargori Parisar,
near Hanuman Mandir, Umred Road, Narsala,
Nagpur. Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7560/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Chandrakant R. Baisware,
Plot No.14, Nara Raod, Deepak Nagar, Uppalwadi,
Nagpur - 440 026. Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7561/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Kailas T. Wanjari,
R/o Plot No.152, near K.D.K. College, Nandanvan
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Zopadpatti, Hanuman Nagar, Line No.4 Nagpur -
440 009. Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7562/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Nitin N. Deshmukh,
R/o Plot No.48, Bhagwan Nagar, Post
Parwati Nagar, Nagpur - 440 027.
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7563/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Shankar K. Kshirsagar,
R/o Plot No.77, Bidgaon Road, Near Kachara
Dumping Yard, Pavanshakti Nagar, Wathoda Layout,
Nagpur - 440 008. Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
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WRIT PETITION No. 7564/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Kamal L. Tayade,
R/o Lumbini Nagar, Near Lumbini Bouddha
Vihar, Plot No.158, Bezanbag Nagpur-440 004.
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7565/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
Tarachand P. Gedam,
R/o Near Shiv Mandir Gopi Chand Kirana
Store, Nagpur. Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
WITH
WRIT PETITION No. 7566/2019
1. Divisional Railway Manager,
Central Railway, Nagpur.
2. General Manager,
Central Railway, Mumbai C.S.T. PETITIONERS
.....VERSUS.....
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Rambhau G. Bambal,
Narendra Nagar, Nagar Vikas Society, Near
Puri Hospital, Plot No.245 Nagpur - 440 015.
Through General Secretary,
Parcel Porter Sanghatana, South East Madhya
Railway, Nagpur Division, New Mankapur, Plot
No.37, near MHADA Colony, Nagpur-440030. RESPONDENT
Shri N.P. Lambat, counsel for petitioners.
Shri R.D. Dhande, counsel for respondent.
CORAM : A.S. CHANDURKAR, J.
DATE : 18TH DECEMBER, 2019.
ORAL JUDGMENT
RULE. Heard finally considering the short issue involved.
2. An order passed by the Central Government Industrial Tribunal, Nagpur on the application moved by the respondent in the industrial dispute under Section 36(4) of the Industrial Disputes Act, 1947 (for short, 'the said Act') is the subject matter of challenge in these petitions. By that order, the petitioner-Management has not been permitted to be represented by an Advocate in the reference proceedings.
3. A statement of claim has been made by each respondent which has been referred to the Central Government Industrial Tribunal for adjudication by treating it as an industrial dispute. In those proceedings, the respondent moved an application under Section 36(4) of ::: Uploaded on - 21/12/2019 ::: Downloaded on - 26/04/2020 13:39:08 ::: WP 5943/19 @ Connected WPs 30 Common Judgment the said Act stating therein that he would be represented by its representative in the proceedings and that the Management should not be permitted to engage any legal practitioner without consent of the respondent. This application was opposed by the Management by relying upon the judgment of the Hon'ble Supreme Court in Civil Appeal No.6586 of 2019 (Thyssen Krupp Industries India Private Limited Versus Suresh Maruti Chougule & Others ) to urge that the validity of those provisions was under challenge before the Hon'ble Supreme Court. The learned Presiding Officer by the impugned order has held that since no consent was given by the respondent the Management was not entitled to be represented by a legal practitioner. Being aggrieved, the aforesaid orders have been challenged in these writ petitions.
4. Shri N.P. Lambat, learned counsel for the petitioner- Management after referring to the decision in Thyssen Krupp Industries & Others Versus Suresh Maruti Chougule & Others [2018(3) Bom.C.R.57] submitted that in the challenge to the aforesaid decision before the Hon'ble Supreme Court the question as to the validity of the provisions of Section 36(4) of the said Act has been referred to a larger Bench by the Hon'ble Supreme Court. According to him, since the aforesaid provision itself is under challenge, the Management could not be precluded from appointing a legal representative to represent it. He further submitted ::: Uploaded on - 21/12/2019 ::: Downloaded on - 26/04/2020 13:39:08 ::: WP 5943/19 @ Connected WPs 31 Common Judgment that the Tribunal ought to have awaited the adjudication of the said question and till that time the proceedings ought to have been kept in abeyance. He therefore submitted that the impugned order refusing to permit the Management to engage the services of the legal practitioner was liable to be set aside.
5. Shri R.D. Dhande, learned counsel for the respondent supported the impugned order. According to him, mere fact that the validity of Section 36(4) of the said Act was under challenge could not be the reason to indefinitely postpone the adjudication of the reference proceedings. According to him, the respondent was being represented by its Authorized Representative and therefore a valid objection was raised to the Management engaging the services of a legal practitioner. He further submitted by referring to the provisions of Rule 10B of the Industrial Disputes (Central) Rules, 1957 that the reference proceedings ought to be adjudicated expeditiously within the time frame as stipulated therein. He therefore submitted that no interference with the impugned orders was called for.
6. After hearing the learned counsel for the parties on 14.11.2019, the Management was directed to obtain instructions whether the Management would be willing to bear the expenses of a lawyer to be ::: Uploaded on - 21/12/2019 ::: Downloaded on - 26/04/2020 13:39:08 ::: WP 5943/19 @ Connected WPs 32 Common Judgment engaged to represent the respondent. This direction was issued in the light of such interim arrangement made by the Hon'ble Supreme Court in the aforesaid decision. In response, affidavit has been filed on behalf of the Management stating therein that it would not be in a position to bear the expenses of a legal practitioner engaged by the respondent. Therefore, the Railway Administration decided that the proceedings would be contested through the Law Officer/Legal Cell.
7. Perusal of the order passed by the Hon'ble Supreme Court on 21.08.2019 indicates that the question with regard to the validity of the provisions of Section 36(4) of the said Act has been referred to a larger Bench. However, that by itself would not be a reason to postpone the adjudication of the reference proceedings. In the light of the affidavit now filed on behalf of the Management that it would contest the case through its Law Officer/Legal Cell the proceedings before the Tribunal can be regulated in that manner.
8. Shri N.P. Lambat, learned counsel for the petitioner however submits that the representatives who have been permitted to appear on behalf of each respondent are not the Members of the registered Union which fact is disputed by the learned counsel for the respondent. Be that as it may, the said aspect if raised before the Tribunal can be considered by it at the appropriate stage.
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9. Accordingly, by holding that the petitioner would be represented by its Law Officer/Legal Cell, the impugned orders to that effect stand modified. The Central Government Industrial Tribunal shall keep in mind the provisions of Rule 10B of the Rules of 1957 and decide the proceedings in accordance with the time frame stipulated therein. The parties shall co-operate for the expeditious disposal of the reference proceedings within a period of six months.
10. With these observations, the Writ Petitions are disposed of. Rule accordingly. No costs.
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