1 2025:CGHC:23028 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2583 of 2025 1 - Rail Sramik Union A Duly Registered Trade Union Having Its Registration No. 499, Registered On 04-06-2015, Through- Its President, Nazir Ahmad S/o Late Shri Abdul Hafiz Aged About 63 Years, Registered Address- Lig- 857, Aditya Nagar, Durg, Distt. Durg (C.G.) Pin- 491001 ... Petitioner(s) versus 1 - Union Of India Through- The Secretary, Ministry Of Railways Office Complex, Tilak Bri Distt. Durg, (C.G.) 2 - South East Central Railway (Secr) Through- General Manager, Office Of The General Manager, Bilaspur, Distt. Bilaspur (C.G.)- 495004 3 - Chief Personal Officer (Administration) South East Central Railway, Head Quarter, Personnel Department, First Floor, Office Of The General Manager, Bilaspur, District- Bi- laspur (C.G.) 4 - State Of Chhattisgarh Through Labour Commissioner, Office Of Labour Commis- sioner, Block- 03, Second Floor, Indrawati Bhawan, Naya Raipur, Atal Nagar, Distt. Raipur (C.G.) 5 - South East Central Railway Mazdoor Congress, Having Registration No. 78, Through- Its President T.K. Chatterjee, Registered Address- Near Pay And Cash Office, Old Rail- way Post Office Road, Secr, Bilaspur, Distt. Bilaspur (C.G.) ... Respondent(s) ---------------------------------------------------------------------------------------------- For Petitioner : Mrs. Smita Jha, Advocate For Respondent no. 1 to 3& 5: Mr. Ramakant Mishra, Advocate For State : Mrs. Poorva Tiwari, Panel lawyer ---------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge 2 Order on Board 11.06.2025 1. With the consent of both the respective parties, the matter is heard finally. 2. The present petition has been filed by the petitioner under Article 226 of the Constitution of India, being aggrieved by the inaction on the part of the respondent authorities, wherein they have violated the rules and norms as per registered recognition criteria in 5.8 ‘the recognition, so granted can be withdrawn/suspended by the General Manager for any justifiable reason, after issuing a show cause notice to a recognized TU and after passing a speaking order’. As per law of the SECR Mazdoor Congress Union they can only collect annual membership amount of Rs. 100/- from group D employee of Railway and Rs. 200/- from Group C but respondent no. 5 collected Rs. 200/- and Rs. 250 which is violation of the law and show cause notice has been issued by the General Manager, but there is neither any reply nor any action against respondent no. 5 although, the petitioner has repeatedly moved the representation before the respondent no. 1 to 4. Hence by way of filing this petition, the petitioner is seeking the following reliefs: (a) that, the Hon’ble court kindly be pleased to call for the 3 entire record pertaining to the present case. (b) That this Hon’ble Court kindly be pleased to issue writ in the nature of mandamus directing respondent authorities (SECR) and respondent no. 4 to take a action according to the secret ballet election for recognition of the trade union in accordance with law of 5.8 of Clause of Final Modalities 2024 issued by the Railway board. (c) Any other relief, which this Hon’ble Court may deem fit and proper in the present circumstances of the case. 3. Learned Counsel for the petitioner submits that the petitioner had preferred a representation dated 07.04.2025 to the respondent no. 4 requesting for issuance of direction and cancellation of Registered Union of Mazdoor Congress, because show cause notice has been issued to respondent no. 5 which is in violation of the rules and norms of Union Election, 2024. She prays that an appropriate direction may be issued to the respondent authorities for appropriate action against the respondent no. 5. 4. Per contra, learned counsel for the State opposes the relief sought by the leaned counsel for the petitioner. 5. I have heard learned counsel for the respective parties at length and perused the record with utmost circumspection. 6. On bare perusal of the record available it is evident that the petitioner moved the complaints dated 17.07.2023 (Annexure P/2) and 24.07.2023 against Respondent no. 5 to respondent no. 1 to 4 4 regarding as per the law recover extra amount from the Railway Employees for the membership also lodged report at Thana Khamtarai on 13.07.2023. The petitioner made the representation dated 11.10.2024 for cancellation of registration of Respondent no. 5(Annexure P/4). The petitioner on 07.02.2025 again moved a representation before the respondent no. 2 for cancellation of registration of respondent no. 5 due to violation of norms and rules of election and as per election modality clause 5.8( Annexure P/9). 7. Respondent no. 2 issued a letter dated 25.03.2025 to petitioner with stating that this complaint is related to registrar Trade Union, Raipur, who are the registered Trade Union i.e. respondent no. 4. (Annexure P/10). Thereafter the petitioner moved the representation before the respondent no. 4 (Annexure P/11) as per the direction of respondent no. 2 for inaction against respondent no. 5 till that there is no action against respondent and neither any reply has been received. 8. Looking to the grievances of the petitioner, this court is of the considered view that the petitioner has already filed the complaint against the respondents. The respondents are taking initiative against the complaint made and there is no need of interference of this court. The action/step would be taken as per 5 the law. 9. Accordingly, the instant petition being devoid of merits deserves to be and is hereby dismissed. 10. Certified copy, as per rules. sd/- (Arvind Kumar Verma) alfiza Judge