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2025 DAILYLAW 5151 (UTT)

SHIKHA SAINI v. UNION BANK OF INDIA

WPSS/550/2025 · 2025-04-23

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2927 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS No. 550 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Shankar Aggarwal and Mr. Navneet Kumar Sharma, learned counsel for the petitioners. 2. Mr. Vikas Kumar Guglani, learned counsel for the respondent. 3. With the consent of the counsel for the respondent the present writ petition is being disposed of. 4. The instant petition has been preferred by the Union Bank Staff Association through its General Secretary B.K. Ojha along with the other members of the Union raising a grievance that in bulk the transfer order has been passed by placing the incumbent only for limited period in different places regarding which a complaint was made before the Deputy Chief Labour Commission, Central Dehradun. 5. He submits that by the order impugned dated 26.03.2025 their complaint was closed since no one appears on behalf of the complainant. 6. Mr. Vikas Kumar Guglani, who appears for the respondent Bank submits that they have given their response/reply before the Deputy Labour Commissioner, but, since the complainant themselves could not appears, therefore, their complaint was closed. He fairly submits that if the petitioners or the Association through their authorized representative appears before the Deputy Labour Commissioner then the matter can be decided afresh by the Deputy Labour Commissioner. 7. The suggestion as given is really appreciable and the learned counsel for the petitioners have no objection to this. 8. Accordingly, the present writ petition is disposed of finally with the direction to the Deputy Labour Commissioner, Dehradun, to decide the complaint of the petitioners association afresh by giving proper opportunity of hearing to 2025:UHC:2927 the authorized representative of the association as well as the representative of the Bank on its merit. 9. It is also made clear that the Deputy Labour Commissioner while deciding the complaint passed a reasoned and speaking order in accordance with law. 10. Since, the matter is being remitted back to the Deputy Labour Commissioner to decide afresh, therefore, at this juncture the order passed by the Deputy Labour Commissioner dated 26.03.2025, whereby, the complaint of the petitioners’ association is closed, is hereby quashed. 11. The authorized representative of the petitioners’ association shall appear before the Deputy Labour Commissioner on 28.04.2025 and thereafter the Deputy Labour Commissioner shall decide the matter after giving proper opportunity of hearing to both the parties within a period of one month thereafter. (Rakesh Thapliyal, J.) 23.04.2025 PR 2025:UHC:2927