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2025 DAILYLAW 96806 (ALL)

VIDHYUT SAMVIDA KARMCHARI SANGH U.P. HAMIRPUR v. STATE OF UP AND 5 OTHERS

SPLA/857/2025 · 2025-09-16

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 857 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. Heard Shri Sanjeev Kumar Saxena, learned counsel for the appellant, Shir Sarvjeet Singh Chauhan, holding brief of K. K. Rao, learned counsel for respondents No.2 & 3 and learned Standing Counsel for the State respondents. 2. The instant intra court appeal is directed against order of learned Single Judge, dated 28.08.2025, passed in Writ-A No.12224 of 2025. The writ petition has been dismissed holding that the petitioner-appellant has not averred anywhere in the writ petition that it is a registered Union, nor any authorization letter was filed with the writ petition to indicate that President of the Union was authorized to file the writ petition and, therefore, writ at the best of petitioner would not be maintainable. Learned Single has, however, clarified that any employee having individual cause will not be precluded from agitating his claim consequent to dismissal of the writ petition of the Union. 3. Learned counsel for the petitioner-appellant submits that the petitioner-appellant is a registered union. Due to inadvertence and oversight, the said assertion could not be made in the writ petition. He has invited our attention towards the certificate of registration of the petitioner-appellant union under the Trade Union Act, 1926, filed as Annexure-2 to the affidavit. He also states that there was also a resolution in favour of President to file writ petition before this Court and copy of the same has been annexed as Annexure-3. Versus Counsel for Appellant(s) : Sanjeev Kumar Saxena Counsel for Respondent(s) : C.S.C., K.K.Rao, Purnendu Kumar Singh Vidhyut Samvida Karmchari Sangh U.P. Hamirpur .....Appellant(s) State Of Up And 5 Others .....Respondent(s) 4. As the aforesaid documents were not before the writ court, therefore, while we find no error in the order of learned Single Judge dismissing the writ petition, but the order is modified to the extent that it shall be open for the petitioner-appellant to file fresh writ petition, if so advised. The dismissal of earlier writ petition would not be bar in filing fresh writ petition by the petitioner-appellant. 5. Accordingly, the order of learned Single Judge, dated 28.08.2025, is modified to the aforesaid extent. 6. The appeal stands disposed of. September 17, 2025 Ashok Kr. SPLA No. 857 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad