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2026 DAILYLAW 45002 (CAL)

BHARATIYA TEA WORKERS UNION v. THE STATE OF WEST BENGAL AND ORS

WPA/447/2026 · 2026-09-29

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION 29.09.2026 rc/ct.no.CB-06 Item No.145 WPA No. 447 of 2026 Bharatiya Tea Workers Union (Terai, Dooars and Hill) Versus The State of West Bengal & Ors. Adv. Subinay Dey Adv. Debanjan Das Adv. Sukanya Bhaunik Adv. Supriya Roy ..for the petitioner Adv. Kunaljit Bhattacharyee Adv. Samar Rakshit ….for the State Affidavit of service filed by the petitioner and report submitted by the State are taken on record. The petitioner is the President of the registered trade union of Jugal Kishore Jha of Bharatiya Tea Workers (Terai Dooars and Hill) and claims to be possessing the original registration certificate issued by the additional Registrar of Trade Unions, North Bengal Zone, Siliguri. The petitioner alleges that the private respondents have obtained the duplicate registration certificate by practising fraud and misrepresentation upon the authority. The petitioner seeks cancellation of the said certificate. Learned counsel for the petitioner submits that the original registration certificate is in custody of the petitioner and was never lost or misplaced at any point of time. 2 It appears from the report submitted by the State that the 12th respondent Bishnu Rai applied for duplicate registration certificate before the authority on the ground of loss of the original certificate. A general diary entry was produced by the said incumbent. Upon consideration of the documents produced by the said respondent, his application was approved and requisite fees deposited by him accordingly. The duplicate registration certificate was delivered to him on January 13, 2026. In view of the challenge raised by the petitioner to the genuineness of the claimant of the private respondents, this Court is inclined to hold that the issued needs to be decided by the concerned authority upon hearing both the parties. The Registrar of Trade Unions, West Bengal, being the 3rd respondent herein, is directed to decide the issue raised in the writ petition within two weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the parties herein, in accordance with law. The decision taken by the authority shall be communicated to the parties within a week thereof. In the event the certificate is found to have been fraudulently obtained by the 12th respondent, it shall be cancelled by the authority forthwith. 3 The writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J)