High CourtsSingle Bench(2021) 04 UK CK 0019

Jai Nand Joshi vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 6 April 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 1421 Of 2017

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Judgment

8 paragraphs · 270 words

Manoj Kumar Tiwari, J

1.

By means of this writ petition, petitioner has sought following reliefs:

"I. Issue a writ order or direction in the nature of Mandamus directing the respondents no. 1 & 2 to conduct inquiry regarding illegal functioning of the respondent no. 4 and all the functioning and acts of respondent no. 4 may be stopped with immediate effect as respondent no. 4 is not a recognized union.

II. Issue a writ order or direction in the nature of Mandamus directing the respondent no. 1 & 2 to initiate appropriate departmental proceedings against the office bearers of respondent no. 4 for their gross misconduct by corresponding with the higher authorities of the department through letter pads of the un recognized employees union."

2.

Petitioner is a Class-III employee of State Irrigation Department. Grievance of the petitioner is that the State Authorities are permitting respondent no. 4, which is an unrecognized association of employees of Irrigation Department, to represent the cause of employees of Irrigation Department.

3.

A counter affidavit has been filed by Mr. J.L. Sharma, Joint Secretary, Irrigation Department. In paragraph no. 7 of the counter affidavit, it is stated that Sinchai Vibhag Karmchari Mahasangh, Uttarakhand Pradesh (respondent no. 4) has been duly recognized by the Secretary, Irrigation Department vide order dated 05.05.2015. Copy of the said order is brought on record as Annexure No. CA-1 to the counter affidavit.

4.

Since respondent no. 4 is duly recognized by the Competent Authority, therefore, grievance of the petitioner, as raised in the writ petition, is without any substance.

5.

Accordingly, the writ petition fails and is dismissed.