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2023 DAILYLAW 1816 (GAU)

TRADE UNION OF OIL AND NATURAL GAS COMMISSION WORKERS, CACHAR PROJECT, SILCHAR, ASSAM v. THE UNION OF INDIA AND 5 ORS

WP(C)/4734/2023 · 2026-07-15

Devashis Baruah

Writ Petition (Civil)body2023

Judgment text

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Page No.# 1/5 GAHC010180012023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4734/2023 TRADE UNION OF OIL AND NATURAL GAS COMMISSION WORKERS, CACHAR PROJECT, SILCHAR, ASSAM REPRESENTED BY SRI ASHOK BAIDYA, AGED ABOUT 60 YEARS, GENERAL SECRETARY OF THE SAID UNION, RAILWAY 2ND GATE, P.O.- TARAPUR, SILCHAR, DIST.- CACHAR, ASSAM, PIN- 788003. VERSUS THE UNION OF INDIA AND 5 ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF PETROLEUM AND NATURAL GAS, ETC., NEW DELHI, 110001. 2:OIL AND NATURAL GAS COMMISSION (ONGC) TO BE REPRESENTED BY CHAIRMAN ONGC PLOT NO. 5A-5B NESON MANDELA ROAD VASANT KUNJ NEW DELHI 110070. 3:GENERAL MANAGER (HR) I/C-HR-ER ONGC CACHAR PROJECT SRIKONA SILCHAR CACHAR Page No.# 2/5 PIN- 788026. 4:THE ASSET MANAGER ONGC AAFB-EA SILCHAR ASSET SRIKONA PIN- 788026. 5:CHIEF LABOUR COMMISSIONER GOVT. OF INDIA SHRAMEV JAYATE BHAWAN G-4 SECTOR-10 DWARKA NEW DELHI 110075. 6:HIRESH CHAKRABORTY S/O LATE H.K. CHAKRABORTY R/O- SIB BARI ROAD ROMANI MOHAN LANE P.O.- TARAPUR DIST.- CACHAR ASSAM PIN- 788003 For the Petitioner(s) : Ms. L. Wajeeda, Advocate For the Respondent(s) : Mr. G. N. Sahewalla, Sr. Advocate Ms. K. Bhattacharyya, Advocate Mr. A. Dasgupta, Sr. Advocate Ms. B. Das, Advocate Page No.# 3/5 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 16.07.2026 Heard Ms. L. Wajeeda, the learned counsel appearing on behalf of the Petitioner. Mr. J. K. Goswami, the learned counsel appears on behalf of the Respondent Nos.1 & 5; Mr. G. N. Sahewalla, the learned Senior Counsel assisted by Ms. K. Bhattacharyya, the learned counsel appears on behalf of the Respondent Nos.2, 3 & 4 and Mr. A. Dasgupta, the learned Senior Counsel assisted by Ms. B. Das, the learned counsel appears on behalf of the Respondent No.6. 2. The present writ petition has been filed by a Trade Union through one Sri Ashok Baidya who claims to be the General Secretary of the said Trade Union. On the other hand, it is seen from the records that the Respondent No.6, namely, Sri Hiresh Chakraborty also claims that he is the General Secretary of the Petitioner Trade Union. 3. The materials on record also show that there is a dispute between two groups claiming right of control over the Petitioner Trade Union and it is under such circumstances, the Respondent No.2 had been compelled to take steps for locking the office of Page No.# 4/5 the Trade Union. Under such circumstances, the Petitioner Trade Union represented by Sri Ashok Baidya has filed the present writ petition challenging the action on the part of the Respondent Nos.2, 3 & 4 in locking the office of the Petitioner Trade Union. 4. This Court has duly heard the learned counsels appearing on behalf of the parties and has perused the materials on record. From the perusal of the materials on record, it is apparent that there are two factions/groups who claim to control the affairs of the Petitioner Trade Union, namely, the Trade Union of Oil and Natural Gas Commission Workers, Cachar Project, Silchar. 5. It is the opinion of this Court that the dispute between the two groups as to who controls the Petitioner Trade Union is apparently a civil dispute which can only be adjudicated before the competent Court of Civil Jurisdiction. 6. Considering the above, this Court is not inclined to entertain the instant writ petition. 7. Before parting with the record, this Court, however, finds it pertinent to observe that once the issue as to who controls the Petitioner Trade Union is resolved, the Respondent Nos.2, 3 & 4 would be required to provide the space for the Trade Union. In this aspect, Mr. G. N. Sahewalla, the learned Senior Counsel appearing on behalf of the Respondent Nos.2, 3 & 4 submitted Page No.# 5/5 that the said Respondents are not adverse to providing the space once the dispute as to who controls the Petitioner Trade Union is resolved. 8. This Court further observes that the dismissal of the instant writ petition on the ground of not being entertained shall not prejudice either of the groups who claims to be controlling the Petitioner Trade Union to approach the competent Court of Civil Jurisdiction. JUDGE Comparing Assistant