Extracted from the PDF above. The PDF is authoritative.
APHC010574802016
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 35378/2016 Between:
1. JOGA VENKATA RAJU,, S/O LATE J. PYDITHALLI, 43 YEARS, R/O D.NO. 40-31-10/1, DHARMA NAGAR, NEAR RAMA TEMPLE, VISAKHAPATNAM R/S (PO), VISAKHAPATNAM - 530004, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH.
2. CH. APPALA REDDY, S/O SURYANARAYANA, 43 YEARS, R/O D.NO.38-39-3, 104 AREA, BAPUJI NAGAR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH.
3. PAPPALA SATYA PRASADA RAO, S/O LATE P. RAMMURTHY, 49 YEARS, R/O H.NO. 39-18-59, MADHEVADHERA INDUSTRIAL ESTATE, VISAKHAPATNAM - 7, ANDHRA PRADESH.
...PETITIONER(S) AND
1. EAST COAST RAILWAY, REPRESENTED BY ITS GENERAL MANAGER, RAIL VIHAR, CHANDRASEKHARPUR, BHUBANESWAR, DISTRICT KHURDA, ODISHA SATE.
2. THE CHIEF PERSONNEL OFFICER, EAST COAST RAILWAY, RAIL VIHAR, CHANDRASEKHARPUR, BHUBANESWAR, DISTRICT KHURDA, ODISHA STATE
3. THE DEPUTY CHIEF PERSONNEL OFFICER GAZ, OFFICE OF THE THE CHIEF PERSONNEL OFFICER, EAST COAST RAILWAY, RAIL VIHAR, CHANDRASEKHARPUR, BHUBANESWAR, DISTRICT KHURDA, ODISHA STATE
4. THE DIVISIONAL RAILWAY MANAGER, (P), EAST COAST RAILWAY, DONDAPARTHY, VISAKHAPATNAM - 530016, ANDHRA PRADESH.
5. THE SENIOR DIVISIONAL PERSONNEL OFFICER, EAST COAST RAILWAY, DONDAPARTHY, VISAKHAPATNAM- 530016, ANDHRA PRADESH.
6. THE REGISTRAR OF TRADE UNIONS, MINISTRY OF LABOUR, GOVERNMENT OF INDIA, NEW DELHI.
7. THE REGISTRAR OF TRADE UNIONSCUMLABOUR,
2 COMMISSIONER, BHUBANESWAR, ODISHA STATE.
8. THE EAST COAST RAILWAY SHRAMIK UNION, (REGD. NO. 769) REPRESENTED BY ITS GENERAL SECRETARY, CENTRAL OFFICE, UNIT NO. C-17 F, RAIL VIHAR, CHANDRASEKHARPUR, BHUBANESWAR - 751 023 - ODISSA STATE.
...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ, Order or Direction particularly one in the nature of Writ of Mandamus declaring that the action of the Senior Divisional Personnel Officer, Waltair, Office of the Divisional Railway Manager (P), Waltair in issuing impugned
Order viz., No.WPU/24/B0s/SU/2016 dated 22.09.2016 canceling petitioners' election as Secretaries of various Branches of the East Coast Railway Shramik Union of Waltair (Visakhapatnam) Branch even though they have been duly elected as per the Byelaws and also the Rules governing the Union and also in spite of the fact that the Deputy Chief Personnel Officer (Gaz.),Office of Chief Personnel officer, Bhubaneswar, Odissa State made it clear by his Order No. ECoR/Pers/IRM/PV/06 dated 20.09.2016 that any co-option of Branch Office Bearers by General Secretary on or after 19.07.2016 is treated as cancelled, is violative of the principles of natural justice, illegal and arbitrary and set aside the same in so far as petitioners are concerned and consequently declare that petitioners' elections as Secretaries of the afore-said Branches of Waltair (Visakhapatnma) Division of the Union is valid IA NO: 1 OF 2016(WPMP 43602 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned Order viz., viz., No.WPU/24/B0s/S U/2016 dated 22.09.2016 issued by the Senior Divisional Personnel Officer, Waltair, Office of the Divisional Railway Manager (P), Waltair in so far as it relates to Petitioners Branches viz., Carriage & Wagon Branch, MYD/Engineering Branch and HQ-1 'Branch are concerned pending disposal of above Writ Petition IA NO: 4 OF 2016(WPMP 189989 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioner(S):
1. M SRIKANTH Counsel for the Respondent(S):
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1. V HEMANTH KUMAR
2. JUPUDI V K YAGNADUTT(CENTRAL GOVERNMENT COUNSEL) The Court made the following:
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ORDER:
Learned counsel for the petitioners submits that the cause in the writ petition does not survive for adjudication and the writ petition has become infructuous.
Recording the submission of learned counsel for the petitioners, the Writ Petition is dismissed as infructuous. No order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
__________________________ JUSTICE SUMATHI JAGADAM
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5 706 THE HON’BLE SMT. JUSTICE SUMATHI JAGADAM
WP No.35378 of 2016
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