AI Structured Summary
Not yet generated for this judgment
Judgment
Hon'ble Manoj Kumar Tiwari, J.
Mr. Aditya Singh, Advocate for the petitioner.
Mr. Tarun Mohan, Brief Holder for the State of Uttarakhand.
This writ petition was filed in 2013, seeking the following reliefs:-
“(i)Issue a writ, order or direction in the nature of certiorari quashing the proceedings of Appeal No. 3/2012 “Haridwar Automobiles Union V/s Registrar/ Deputy Registrar Trade Union” presently pending before the court of respondent no. 1 as being without jurisdiction.
(ii)Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 22.4.2013 passed by the appellate court annexed as Annexure No. 8 to the writ petition.”
Petitioner contends that Labour Court/ Industrial Tribunal, constituted under Section 4A and 4B of U.P. Industrial Disputes Act, 1947, cannot entertain an appeal filed under Section 11(1) (aa) of Trade Unions Act. Petitioner is also challenging an order, passed by Labour Court Haridwar on 22.04.2013, whereby his application for impleadment in an appeal filed by Trade Union under Section 11 of Trade Unions Act was rejected by holding that petitioner is neither necessary nor proper party in the proceedings and he cannot be termed as a person aggrieved by the order passed by Registrar, Trade Unions.
A coordinate Bench of this Court in Writ Petition (M/S) No. 930 of 2014 dealt with identical question and held that the Labour Court/ Industrial Tribunal, constituted under U.P. Industrial Disputes Act, 1947 can entertain an appeal filed under Section 11 (aa) of Trade Unions Act.
This Court in Writ Petition (M/S) No. 1503 of 2026 has also expressed similar view.
Thus, the first relief claimed by petitioner cannot be granted. I have gone through the order passed by Labour Court, Haridwar, impugned in this writ petition. Valid reasons have been assigned for rejecting petitioner’s prayer for impleadment in the proceedings under Section 11 (aa) of the Trade Unions Act. Thus, there is no scope for interference in the matter.
The writ petition is, accordingly, dismissed. Learned Labour Court shall pass final order in the proceedings, if not already passed, within six weeks.
Registry is directed to communicate this order to learned Labour Court, within 24 hours.