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2025 DAILYLAW 189817 (ALL)

INDIAN TELEPHONE INDUSTRIES LTD. THRU. SABHAPATI CHANDRA MOHAN SINGH AND ANOTHER v. INDIAN TELEPHONE INDUSTRIES THRU. CHAIRMAN AND MANAGING DIRECTOR AND 4 OTHERS

WRIC/10083/2025 · 2025-10-17

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10083 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Mayur Gautam, the learned counsel for the petitioners and Ms. Nidhi Singh, the learned counsel for the respondent Nos.2 and 3. 2. By means of the instant petition, the petitioner No.1- Indian Telephone Industries Ltd. Majdoor Sangh and the petitioner No.2- ITI Ltd. Shramik Sangh have sought quashing of the Nominate Employee Representative Committee constituted by the respondents and seeking issuance of a writ of mandamus for directing the respondents to announce and complete the union elections within a time frame. 3. The learned counsel for the respondent Nos.2 and 3 has raised a preliminary objection that the petitioners had approached the Regional Labour Commissioner with the aforesaid grievance where an order dated 16.07.2025 was passed directing the petitioners to clear the objections regarding their societies and thereafter approach the Competent Authority whereupon proper action shall be taken. 4. The learned counsel for the respondent Nos.2 and 3 has submitted that the unions should consist of a requisite number of member, including the requisite minimum numbers of serving members and requisite minimum numbers of retired members. However, the petitioners' societies consists of retired members only and they do not consist of requisite minimum number of serving members and, therefore, till this defect is removed, the elections of the petitioners' union cannot be held. 5. Although the petitioners were party to the aforesaid order dated 16.07.2025, it has not been disclosed in the writ petition from which it Versus Counsel for Petitioner(s) : Mayur Gautam, Ashuja Gupta Counsel for Respondent(s) : A.S.G.I., Nidhi Singh Indian Telephone Industries Ltd. Thru. Sabhapati Chandra Mohan Singh And Another .....Petitioner(s) Indian Telephone Industries Thru. Chairman And Managing Director And 4 Others .....Respondent(s) appears that the writ petition suffers from defect of concealment of relevant facts. 6. In view of the aforesaid facts, this Court is not inclined to entertain this writ petition on the ground of concealment of relevant facts as also on the ground that the Regional Labour Commissioner has assured that as soon as the objections regarding the unions are removed, appropriate action will be taken in the matter. 7. Accordingly, the writ petition is dismissed. October 17, 2025 -Amit K- WRIC No. 10083 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench