High Court of Gujarat

G.N.F.C. EMPLOYEES UNIONversusTHE DEPUTY COMMISSIONER OF LABOUR AND DEPUTY REGISTRAR OF TRADE UNION

Disposal: DISPOSED AS INFRUCTUOUS
Bench: HEMANT M PRACHCHHAK

Holding

The petition was dismissed as infructuous, and the Court did not entertain the merits of the jurisdictional challenge.

Summary

The G.N.F.C. Employees Union filed a special civil application under Articles 226 and 227 of the Constitution and Section 14‑A of the Trade Union Act, 1926, challenging three orders dated 18‑May‑2022, 28‑June‑2022 and 1‑Oct‑2022 issued by the Deputy Commissioner of Labour and Deputy Registrar of Trade Union, Vadodara. The petition sought a writ of mandamus to quash the orders, a declaration that the Deputy Commissioner lacked jurisdiction under Section 14‑A of the Indian Trade Unions (Gujarat Amendment) Act, 1961, and a stay of the orders pending trial. During the pendency of the petition, the disputed trade‑union election was conducted, leading the petitioner’s counsel to submit that the petition had become infructuous. The High Court accepted this submission, disposed of the petition as infructuous without examining the merits, and vacated any interim relief. No substantive ruling on jurisdiction or the validity of the orders was made.

Issues considered

The petition became infructuous due to the conduct of the election during the pendency of the suit.

Legislation cited

Trade Union Act, 1926s. 14-A

Subjects

jurisdictiontrade unionelectionmandamuspetition infructuousHigh CourtArticles 226Articles 227Section 14-Astay order

Judgment

      C/SCA/24055/2022                                   ORDER DATED: 30/01/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 24055 of 2022

==========================================================
              G.N.F.C. EMPLOYEES UNION & ANR.
                            Versus
 THE DEPUTY COMMISSIONER OF LABOUR AND DEPUTY REGISTRAR
                   OF TRADE UNION & ORS.
==========================================================
Appearance:
MR PRABHAKAR UPADYAY(1060) for the Petitioner(s) No. 1,2
MR MRUNAL DHOLARIA AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                 Date : 30/01/2026

                                  ORAL ORDER


        The petitioners have preferred present petition
under Articles 226 and 227 of the Constitution of India
r/w     Section           14-A   of   the     Trade      Union      Act,     1926
challenging              the   impugned        orders    dated      18.5.2022,
28.06.2022               and   1.10.2022        passed    by     the       Deputy
Commissioner of Labour and Deputy Registrar of Trade
Union, Vadodara with below mentioned relief/s:-

        "18. (A) Your Lordships may kindly be pleased to issue a Writ
        of Mandamus and/or any other appropriate Writ, order or
        direction, to quash and set aside the impugned orders dated
        18.05.2022, 28.06.2022 & 01.10.2022 passed by the
        respondent No.1, at Annexures-E, F and J respectively, to the
        present petition.

        (B) Your Lordships may kindly be pleased to hold and declare
        that the respondent No.1 has no jurisdiction or power to
        adjudicate and/or decide the dispute while exercising powers


                                      Page 1 of 2
       C/SCA/24055/2022                                                                ORDER DATED: 30/01/2026




          under Section 14-A of Chapter II-A of the Indian Trade
          Unions (Gujarat Amendment) Act, 1961.

          (C) Pending the hearing and final disposal of this petition,
          Your Lordships may kindly be pleased to stay the
          implementation, execution and operation of the impugned
          order dated 18.05.2022, 28.06.2022 and 01.10.2022 passed
          by the present respondent No.1 at Annexures-E, F and J
          respectively, to the present petition.

          (D) Your Lordships may kindly be pleased to pass any other
          further Order/s as are deemed fit, just and proper in the facts
          and circumstances of the case and in the interest of justice."

          Today, Mr. Prabhakar Upadyay, learned counsel,
under instructions, submits that during pendency of this
petition, the election in question has already been
conducted and, therefore, the present petition has
become infructuous and may be disposed of accordingly.

          In view of the above submission, the present petition
stands disposed of as having become infructuous. Notice
is discharged. Interim relief, if any, stands vacated
forthwith. It is clarified that this Court has not examined
or entered into the merits of the case.



                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/01/2026 17:33:36




                                                        Page 2 of 2

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "jurisdiction"Sign in to search