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Judgment
Tarlok Singh Chauhan, J
The instant petition has been filed for grant of the following substantive reliefs:
“i) That the impugned letter dated 30th September, 2022 (Annexure P- 8) issued by Respondent No.3 may kindly be quashed and set aside.
ii) That the Respondent Department may kindly be directed to initiate appropriate proceedings against Respondent No.4 for impersonating as the General Secretary/Mahamantri of the Himachal Pradesh Nirman Kamgar Sangh (Regd.).”
In order to appreciate the controversy, it would be necessary to reproduce the letter dated 30.09.2022 (Annexure P-8) in its entirety:
“HP BUILDING & OTHER CONSTRUCTION WORKERS
WELFARE BOARD, THAKUR VATIKA, KHALINI,
SHIMLA-171002.
No.BOCW/Estt/Trade Union (38)/SML/2019 (Vol-VII)-
6481-6512 : Dated 30 Sept.,2022.
All the Labour Officers,
(Except Chamba) and all the
Labour Inspectors
(Authorised Officers)
Himachal Pradesh.
Subject: Regarding List of Authorized Signatory of Construction Workers Union.
Sir,
As you are aware that the Section 266(3) of the H.P. BOCW (RE & CS) Rule 2008 authorizes the Registered Construction Workers Union for issuing work certificate in favour of construction workers.
Signatories In this regard a list of Authorized of Himachal Pradesh Nirman Kamgar Sangh, District Bilaspur (H.P.) (Registration No. 254) relates to BMS is attached herewith at Annexure- A, who are authorized at District level concerned.
It is further submitted that the list of Authorized Signatories as supplied earlier vide letter dated 21.03.2022 relates to BMS issued by Sh. Ravinder Singh Ravi and Smt. Lata Thakur stands rejected.
You are, therefore, requested to entertain work certificates issued in by these representatives/signatories District concerned please.
Yours faithfully,
Sd/-
Enclosed : As above. Dile Ram (HAS) Secretary-cum-CEO
HP BOCW, Welfare Board,
Khalini, Shimla-2.
No. BOCW/Estt/Trade Union(38)/SML/2019(Vol-VII Dated: Sept., 2022.
Copy to : The General Secretary, Himachal Pradesh Nirman Kamgar Sangh, Near UCO Bank, Bilaspur, District Bilaspur, w.r.t. to their letter dated 22.09.2022 for information please.
Sd/-
29/9
Dile Ram (HAS)
Secretary-cum-CEO
HP BOCW, Welfare Board,”
A perusal of the letter would go to show that as regards the list of authorized signatories supplied by the petitioner vide letter dated 21.03.2022, the same has been rejected without according any reasons whatsoever. Obviously, if a document does not contain any reasons, the same cannot be supplemented by way of an affidavit in light of the judgment passed by a Constitutional Bench of the Hon’ble Supreme Court in Mohinder Singh Gill and another vs. The Chief Election Commissioner, New Delhi and others AIR 1978 SC 851.
Accordingly, we deem it appropriate to dispose of this petition by directing respondent No.3 to reconsider the matter with regard to letter dated 21.03.2022 as submitted by the petitioner through Shri Ravinder Singh Ravi and Smt. Lata Thakur in accordance with law after affording an opportunity of hearing not only to the petitioner herein but also to the representatives of the Himachal Pradesh Nirman Kamgar Sangh whose application has been accepted. Ordered accordingly. A decision to this effect be taken within a period of four weeks.
Pending application, if any, also stands disposed of.