Allahabad High Court
NAGAR NIGAM KARMCHARI SANGH AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The order dated 23‑Jan‑2026 is set aside and the matter is remitted to the Deputy Registrar/Deputy Commissioner of Labour to pass a fresh order after hearing the parties.
Summary
The petitioners, elected as President of the Nagar Nigam Karmchari Sangh, Ghaziabad, sought registration of their election with the Deputy Labour Commissioner, but the registration was denied by an order dated 23‑Jan‑2026 on the ground that the election did not comply with the union's bye‑laws. The petitioners argued that the order was passed ex parte, without any hearing to either party, and that the inquiry report on which the order was based was not even in the record. The Court observed that the lack of a hearing violated the principles of natural justice and that the order was therefore liable to interference. Consequently, the Court set aside the impugned order and remitted the matter to the Deputy Registrar/Deputy Commissioner of Labour to pass a fresh order after granting a hearing to all parties. The parties were allowed to raise objections to the inquiry report, and the writ petition was disposed without the Court deciding on the substantive issue of whether the election complied with the bye‑laws.
Issues considered
- Whether the order dated 23‑Jan‑2026 denying registration of the elected President is an ex parte order violative of natural justice.
- Whether the order should be set aside and the matter remitted for a fresh hearing.
Subjects
- trade union election
- bye‑laws
- natural justice
- ex parte order
- registration of union president
- writ petition
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 7059 of 2026
Nagar Nigam Karmchari Sangh And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Rai, Chandan Sharma
Counsel for Respondent(s) : Kabeer Tiwari, C.S.C., Dharmendra
Shukla
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Achya Pratap holding brief of Sri Chandan Sharma, learned
counsel for the petitioner, Sri Kabeer Tiwari learned counsel for the
respondent no.3 and perused the record.
2. The petitioner has claimed to be elected in a recent election of Nagar
Nigam Karmchari Sangh, Ghaziabad as President and accordingly papers
were forwarded to the office of Deputy Labour Commissioner Ghaziabad
for registration. However, by the impugned order dated 23.1.2026, on the
basis of an inquiry report of Labour Enforcement Officer dated
20.1.2026 that the elections were not conducted in terms of the provisions
of the bye-laws, therefore, prayer to register was declined.
3. Learned counsel for the petitioner submits that a copy of the inquiry
dated 20.1.2026 is recently procured and can be put before this Court by
way of a supplementary affidavit. Even the counsel for the contesting
respondent does not have a copy of the said report.
4. Considering the submission of learned counsel for the petitioner that
the impugned order is an exparte order and he was not granted
opportunity of hearing, even the contesting respondent was not granted
any opportunity and since it is also not noted in the impugned order,
therefore, the Court finds that a case of interference is made out.
5. Accordingly, the impugned order dated 23.1.2026 is set aside and the
matter is remitted back to the Deputy Registrar Trade Union/Deputy
WRIC No. 7059 of 2026
2
Commissioner of Labour, Ghaziabad to pass a fresh order after giving
opportunity of hearing to the petitioner as well as the contesting
respondent or any other relevant party and a fresh order be passed.
6. Meanwhile, the parties will be at liberty to place their objection to the
inquiry report so that the final order be passed within a period of three
months.
7. With the aforesaid direction/observations and liberty, the writ petition
is disposed of.
8. It is made clear that at this stage the Court has not entered into the
merits of the case so far as whether the elections were conducted in terms
of bye-laws or not and it is upto the authority to decide.
(Saurabh Shyam Shamshery,J.)
September 23, 2026
Kumar Manish
Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad
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