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Judgment
JUDGMENT : (per Mr. Manoj Kumar Gupta C. J.)
Heard learned counsel for the parties.
The instant intra-court appeal is directed against the order dated 11.08.2026 passed by the learned Single Judge in WPMS No.2378 of 2026 filed by non-appellants no.4 and 5 (Atul Tripathi and Sandeep Kumar) challenging the order dated 15.07.2026 passed by Deputy Labour Commissioner / Deputy Registrar, Trade Union, Udham Singh Nagar whereby the request made by the non-appellants for registration of the elections of the trade union held on 17.05.2026 was deferred until permission is obtained from the civil court in the pending Civil Suit bearing No.3/2026.
Learned Single Judge has by the impugned order directed the Registrar, Trade Union, to consider the request for grant of Form-J on provisional basis, pending the disposal of the writ petition.
Learned counsel for the appellants submits that the impugned order has trappings of final order inasmuch as there is no provision for issuance of Form-J on provisional basis. He, accordingly, submits that the present appeal, though directed against an interim order, is maintainable. He further submits that issuance of such a direction by learned Single Judge without adjudicating upon the validity of the alleged claim of the non-appellants, was wholly erroneous.
Shri Dushyant Mainali, learned counsel holding brief of Mr. D.C.S. Rawat, counsel for the non-appellants points out that on the basis of order of learned Single Judge, the Deputy Registrar has passed an order on 08.09.2026, holding that the non-appellants were not entitled to issuance of Form-J on the basis of the application submitted by them inasmuch as several of the office bearers shown to have been elected had already been transferred to Maharashtra and the dispute relating to their transfer is pending before the Labour Court. It has been held that the transferred employees had lost right to contest the election or get elected.
Shri Dushyant Mainali, learned counsel appearing for the non-appellants submits that in view of the subsequent order passed by the Deputy Registrar dated 08.09.2026, the writ petition has been rendered infructuous. He, however, reserves liberty in favour of non-appellants to challenge the subsequent order dated 08.09.2026.
In view of the subsequent development and the submission made by learned counsel appearing on behalf of the contesting non-appellant nos.4 and 5, the writ petition is dismissed as not pressed with liberty to non-appellant nos.4 and 5 to challenge the said order in independent proceedings.
Consequently, the present appeal has been rendered infructuous, and stands disposed of accordingly.
A copy of the instant order shall be placed on the file of the WPMS No.2378 of 2026.
Pending application, if any, also stands disposed of.