Forward Seamen Union Of India And ... vs State Of West Bengal And Ors
2022 Latest Caselaw 521 Cal/2

OD-5
                                   ORDER SHEET

                                  WPO/865/2022

                         IN THE HIGH COURT AT CALCUTTA
                           Constitutional Writ Jurisdiction
                                  ORIGINAL SIDE


                   FORWARD SEAMEN UNION OF INDIA AND ANR
                                    -VS-
                       STATE OF WEST BENGAL AND ORS.


BEFORE:
The Hon'ble JUSTICE SUVRA GHOSH
Date : February 17, 2022.

[Via video conference]



                                                                                  Appearance:
                                                                 Mr. Soumya Majumder, Adv.
                                                                     Mr. Nilay Sengupta, Adv.
                                                                      Mr. Sujit Banerjee, Adv.
                                                                           ... for the petitioner

                                                                 Mr. Arindam Banerjee, Adv.
                                                                       Ms. Arpita Saha, Adv.
                                                            Mr. Ashis Kumar Mukherjee, Adv.
                                                            ...Forward Seamen Union of India

                                                  Mr. Tapan Kumar Mukherjee, Sr. Adv, A.G.P.
                                                                  Mr. Somnath Naskar, Adv.
                                                                  ...for the State respondent

The Court : At the outset, it is submitted by learned counsel Ms. Arpita

Saha that the writ petitioners herein do not represent Forward Seamen Union of

India and in fact have no nexus with the said union. Learned counsel seeks

accommodation to file a detailed report annexing supporting documents in this

regard along with intervention application.

Learned counsel appearing on behalf of the petitioner takes this Court to

annexure P-4 to the writ petition which is a request by the General Secretary of

Forward Seamen Union of India for holding election of the Executive Committee

under Clause 12 of the Rules and Constitution of the Trade Union.

Learned counsel for the respondents places reliance on a judgment of the

Hon'ble Supreme Court in N. E. Railways Employees Union and Ors -vs- Third

Addl. District Judge and Ors reported in 1988 (56) SLR 735 and submits that

such election can be conducted by the Registrar of Trade Union subject to the

costs of the election being borne by the respective unions.

In view of the submissions made by Ms. Saha, let the matter appear

under the same heading on 3rd March, 2022.

(SUVRA GHOSH, J.)

sp3