Allahabad High Court
CNH UDYOG KARAMCHARI SANGH AND ANOTHERversusUNION OF INDIA AND 2 OTHERS
- Decided
- Bench
- VINOD DIWAKAR
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The petition was dismissed as withdrawn, with liberty to avail the statutory remedy under Section 11 of the Trade Union Act.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
- Trade Union Act — s. 11
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
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