NAGAR NIGAM KARMCHARI SANGH AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/7059/2026 · 2026-09-22
Saurabh Shyam Shamshery
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9636 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9636 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 7059 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Achya Pratap holding brief of Sri Chandan Sharma, learned counsel for the petitioner, Sri Kabeer Tiwari learned counsel for the respondent no.3 and perused the record. 2. The petitioner has claimed to be elected in a recent election of Nagar Nigam Karmchari Sangh, Ghaziabad as President and accordingly papers were forwarded to the office of Deputy Labour Commissioner Ghaziabad for registration. However, by the impugned order dated 23.1.2026, on the basis of an inquiry report of Labour Enforcement Officer dated 20.1.2026 that the elections were not conducted in terms of the provisions of the bye-laws, therefore, prayer to register was declined. 3. Learned counsel for the petitioner submits that a copy of the inquiry dated 20.1.2026 is recently procured and can be put before this Court by way of a supplementary affidavit. Even the counsel for the contesting respondent does not have a copy of the said report. 4. Considering the submission of learned counsel for the petitioner that the impugned order is an exparte order and he was not granted opportunity of hearing, even the contesting respondent was not granted any opportunity and since it is also not noted in the impugned order, therefore, the Court finds that a case of interference is made out. 5. Accordingly, the impugned order dated 23.1.2026 is set aside and the matter is remitted back to the Deputy Registrar Trade Union/Deputy Versus Counsel for Petitioner(s) : Abhishek Rai, Chandan Sharma Counsel for Respondent(s) : Kabeer Tiwari, C.S.C., Dharmendra Shukla Nagar Nigam Karmchari Sangh And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
Commissioner of Labour, Ghaziabad to pass a fresh order after giving opportunity of hearing to the petitioner as well as the contesting respondent or any other relevant party and a fresh order be passed. 6. Meanwhile, the parties will be at liberty to place their objection to the inquiry report so that the final order be passed within a period of three months. 7. With the aforesaid direction/observations and liberty, the writ petition is disposed of. 8.
It is made clear that at this stage the Court has not entered into the merits of the case so far as whether the elections were conducted in terms of bye-laws or not and it is upto the authority to decide. September 23, 2026 Kumar Manish WRIC No. 7059 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad