WPMS/627/2021
2021 Latest Caselaw 936 UK

 IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
          ON THE 16th DAY OF MARCH, 2021
                           BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

          Writ Petition (M/S) No. 627 of 2021



BETWEEN:
      Gujarat     Ambuja    Karmkaar       Union,    Sitarganj,
      District Udham Singh Nagar.
                                               ......Petitioner
      (Mr. D.S. Mehta, Advocate)



AND:
      State of Uttarakhand & others .....Respondents
      (Ms. Mamta Bisht, Deputy Advocate General for the
      State of Uttarakhand/respondent nos. 1 to 4)



                          JUDGMENT

This writ petition has been filed by a registered Trade Union known as "Gujarat Ambuja Karamkaar Union, Sitarganj, District Udham Singh Nagar".

2. According to the petitioner, an application for declaring the protected workmen has been made on behalf of the petitioner under Rule 29 of U.P. Industrial Disputes Rules, 1957. The said application was made on 10.08.2020, which is said to be still pending before Deputy Registrar, Trade Union, Rudrapur (respondent No. 4).

3. By means of this writ petition, petitioner has sought following reliefs:-

"I. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to take decision on the application dated 10.08.2020 (contained as Annexure No. 1 to the writ petition) of the petitioner union for declaring the protected workmen to the five office bearers of the petitioner union.

II. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to pay the salary and other allowances to the workmen."

4. Learned Deputy Advocate General submits that the writ petition may be disposed of with a direction to the Competent Authority to take decision on the said application within some stipulated time.

5. Accordingly, writ petition is disposed of with a direction to respondent No. 4 to take decision on petitioner's application and also communicate the decision to petitioner union as early as possible, preferably within a period of three weeks from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Navin