11.09.2026 Piya ct no. 30 WPA 22765 of 2026 Suppl No. 1 CESC Power Sthyaee Karmachari Sangh & Anr. Vs. The State of West Bengal & Ors. Mr. Bikashranjan Bhattacharyya, Ld. Sr. Adv. Mr. Rananeesh Guha Thakurta Ms. Senjuti Sengupta ……for the Petitioners Mr. Soumya Majumder, Ld. Sr. Adv. Mr. Debanjan Mukherjee ……for the CESC Ltd./Respondent No.3 Mr. Nilanjan Bhattacharya (through V/C) Ms. Sudipta Banerjee Ms. Manisha Paswan ….for the State 1. The writ application has been preferred praying for direction upon the Registrar of Trade Unions being the respondent no. 2 to issue Form-J dated August 17, 2026 to the petitioners herein, which was issued after filing of the writ application. 2. The State has placed the “speaking order cum report” dated 08.09.2026, submitted by the Registrar of Trade Unions, on a hearing being held on 02.09.2026. 3. The Registrar of Trade Unions has held:- “……….On perusal of the documents and office records, it is observed that Sri Sumanta Kumar Nayak at one point of time remained the General Secretary of the union and the original records including the original certificate of registration had been kept in his custody. He did not return the same to his successor when he left the union. Afterwards, an application for having a duplicate 2 copy of the registration certificate was submitted by Sri Pijush Banerjee being in the capacity of General Secretary of the said union. After inspection of the records including the Annual Returns submitted by the said trade union it was found satisfactory to issue the duplicate certificate of registration to the applicant. Sri Pijush Banerjee indeed established that the union was affiliated to Bharatiya Mazdoor Sangh (BMS) at that point of time and this fact of affiliation under BMS has also been confirmed by the BMS authorities. It is also observed that Sri Sumanta Kumar Nayak had submitted a set of Annual Return for the year 2025. However, holding the original certificate of registration in one's possession cannot be the regarded the only ground of being the real office bearers of the union. The breakaway group headed by Sri Sumanta Kumar Nayak/ Sri Rakesh Kumar Singh could not produce any order from the appropriate Civil Court to establish their locus standi to get registration of the proposed change of address from the registered head office of the union from one place to the other. Because of the fact as above, notices in Form-C1 and F1 given by Sri Rakesh Kumar Singh and his men, amongst others, Sri Sumanta Kumar Nayak cannot stand in the eye of law and hence, rejected. The same is applicable to the notice/application submitted by Sri Amar Bahadur Singh and the same is also rejected. In that view of the matter, the applications in Form-'I' made by Sri Sumanta Kumar Nayak and Sri Amar Bahadur Singh for the purpose of recognition of C.E.S.C. Power Sthayee Karmachari Sangh (Regn. No. 28048) in the establishment of M/s. CESC Ltd., CESC House, Chowringhee Square, Kolkata-700 001 stand rejected. Therefore, the application in Form-l' submitted by Sri Pijush Banerjee, General Secretary of C.E.S.C. Power Sthayee Karmachari Sangh (Regn. No. 28048) remains sustained for the purpose of recognition in the establishment of M/s. CESC Ltd., CESC House, Chowringhee Square, Kolkata-700 001. With the orders as above, the notices for the change of address and applications for recognition in respect of the said C.E.S.C. Power Sthayee Karmachari Sangh (Regn. No. 28048) stand disposed of. 3 Sd/- Registrar of Trade Unions West Bengal” 4. Considering the said order, it appears that the Registrar of Trade Unions has disposed of the issue before it, which was also the issue in the present writ application. 5. Accordingly the writ application stands disposed of. 6. Applications, if any, connected thereto stand disposed of consequently. 7. Interim order, if any, stands vacated. 8. Photostat certified copy of this Order, if applied for, be given to the parties on priority basis upon compliance of all formalities. (Shampa Dutt (Paul), J.)