Bombay High Court

ASHISH S. GIRIversusTHE TATA POWER COMPANY LIMITED THR. ITS DIRECTOR AND ORS

Decided: 20 August 2026
Disposal: Disposed Off

Holding

The petition was dismissed because the relief sought was rendered moot by the ongoing fresh elections.

Summary

The petitioner, Ashish S. Giri, filed a writ petition challenging an order of the Industrial Court, Mumbai that dismissed his application seeking fresh elections of a trade union held on 28 April 2023. The petitioner argued that the election was flawed and demanded a fresh poll. The respondents informed the court that fresh elections were already being conducted and the results were to be declared on 22 August 2026. The judge, noting that the relief sought was moot because the elections were in progress, declined to entertain the petition. Consequently, the writ petition was disposed, leaving all contentions in the petition open for future reference.

Issues considered

Whether the writ petition seeking fresh union elections should be entertained when fresh elections are already being conducted.

Subjects

union elections
industrial court
writ petition
fresh elections
jurisdiction

Judgment

2026:BHC-AS:34663

              Megha                                              31_wp_3640_2026


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO.3640 OF 2026

              Ashish S. Giri                                    ...Petitioner

                               V/s.

              The Tata Power Company Limited and
              Ors.                                             ...Respondents
                                           ________________
              Mr. Vaibhav Ugle i/b. Mr. Vikas Somwanshi for the Petitioner.
              Mr. Hemant Telkar for Respondent No.1-Company.
              Mr. Dhruv Karnik with Mr. Pradnyesh Lokegaonkar for Respondent Nos.2
              and 3.
                                           ________________


                                                     CORAM: SANDEEP V. MARNE, J.

                                                     DATED: 20 AUGUST 2026.


              P.C.:


              1)      Challenge in the Petition is to the order dated 17 January 2026
              passed by the learned Member, Industrial Court, Mumbai dismissing
              Application (ICTU) No.6 of 2024. The Application was filed raising
              grievance in relation to election of the Union conducted on 28 April
              2023. The demand of the Petitioner was for conduct of fresh elections.


              2)      The learned counsel appearing for Respondent Nos.2 and 3, on
              instructions, submits that fresh elections of the Union are being


                                              Page No.1 of 2
                                             20 August 2026
                          Megha                                                      31_wp_3640_2026


                          conducted and that the election programme is likely to be declared on 22
                          August 2026. In that view of the matter, I am not inclined to entertain
                          the present Petition.


                          3)          Writ Petition is accordingly disposed of.


                          4)          All contentions raised in the Petition are left open.




                                                                                 [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                                Page No.2 of 2
Designation: PA To Honourable Judge                            20 August 2026
Date: 21/08/2026 20:28:39

Continue reading with your account

Checking your session…