Created by Fuzzy Cloud

Allahabad High Court

CNH UDYOG KARAMCHARI SANGH AND ANOTHERversusUNION OF INDIA AND 2 OTHERS

Decided

Holding

The petition was dismissed as withdrawn, with liberty to avail the statutory remedy under Section 11 of the Trade Union Act.

Summary

The petitioners, CNH Udyog Karamchari Sangh & Anr., filed a writ petition before the Allahabad High Court challenging a matter for which an alternative statutory remedy under Section 11 of the Trade Union Act was available. The respondents argued that the petition was not maintainable because the petitioners had not availed that remedy. The petitioners sought to withdraw the writ petition while retaining the option to pursue the statutory remedy. The Court accepted the withdrawal and dismissed the petition, granting liberty to approach the statutory forum. The order also stipulated that any appeal against the dismissal must be filed within two weeks of the certified copy and, if filed, be decided expeditiously within three months. Certified copies of documents may be returned to counsel after retaining photocopies on record.

Issues considered

  • Whether the writ petition is maintainable when an alternative statutory remedy under Section 11 of the Trade Union Act is available.

Legislation cited

Subjects

  • writ petition
  • maintainability
  • alternative statutory remedy
  • Trade Union Act
  • Section 11
  • withdrawal
  • High Court of Allahabad

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     WRIT - C No. - 43354 of 2025

                                    CNH Udyog Karamchari Sangh & Anr.
                                                                                                    .....Petitioner(s)
                                                                        Versus
                                    Union of India & 2 Ors.
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)        : Jagdamba Prasad, Raj Kishore Yadav
                                    Counsel for Respondent(s)        : A.S.G.I., Ajay Singh, C.S.C., Diptiman
                                                                       Singh

                                    Court No. - 37

                                                         HON'BLE VINOD DIWAKAR, J.


                                    1. At the outset, Shri Rakesh Pandey, learned Senior Counsel assisted by
                                    Shri Diptiman Singh, learned counsel for the respondent no.3 has raised a
                                    preliminary objection with regard to the maintainability of the present writ
                                    petition on the ground that an efficacious and alternative statutory remedy is
                                    available to the petitioner under Section 11 of the Trade Union Act, which
                                    has not been availed. It is thus contended that the instant petition is liable to
                                    be dismissed on the ground of availability of such alternative remedy.

                                    2. Learned counsel for the prays for withdrawal of instant petition with
                                    liberty to avail aforesaid statutory remedy.
                                    3. Accordingly, the instant petition is dismissed as withdrawn with the
                                    aforesaid liberty.

                                    4. It is provided that, in the event of any delay in filing the appeal, the same
                                    shall stand condoned, provided the appeal is instituted within a period of two
                                    weeks from the date of filing of the certified copy of this order. In the event
                                    the appeal is filed before the competent authority, the same shall be decided
                                    expeditiously preferably within a period of three months in accordance with
                                    law.

                                    5. Certified copy of relevant documents may be returned to the learned
                                    counsel for the applicant after retaining the photocopy of the same on record
                                    as per the rules of the High Court.

                                    April 23, 2026
                                    A. Tripathi
                                                                                               (Vinod Diwakar,J.)



Digitally signed by :-
AKHILESH TRIPATHI
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.