High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in non-conducting the elections for the Recognized Trade Union in the 5th respondent company and issued an impugned proceedings vide Lr.No.A"/ 4231 2023, dated 29.08.2024 bypostponedthemeetingwhichwastobeheldon3o.oS.2024toconductthe elections for the Recognized Trade Union in the 5th Respondent Company is an illegal, arbitrary, unjust, unfair, unreasonable, whimsical, non-application of mind, unilateral and in violation of principles of natural justice and in violation of the ,1 Provisions of the lndian Trade Unions Act' 1925 and in violation of Article 14 and 21 0f the constitution of rndia and against to the catena of Judgments of an Apex CourtandthisHon'bleCourtandsetasidethesameandconsequentlydirectthe 3rd respondent conduct the elections in the Sth respondent company for the Recognized Trade Union' IA NO:'l OF 2025 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstated in the affidavit fired in support of the petition, the High court may be pleased to suspend the impugned proceedings issued by the 3rd Respondent vide Lr'No fu 423t 2023,dated:29'08 2024 forthwith pending disposal of the Writ Petition' lA NO: 2 OF 2025 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstated in the affidavit filed in support of the petition' the High Court may be pleased to direct the 3rd respondent to conduct the elections for the Recognized Trade Union in the 5th respondent company forthwith, pending disposar of the writ Petition. Counsel for the Petitioners: SRI PRABHAKAR CHIKKUDU ffiffii i;;;ii; h;il."aent t'tos't ro 4: sRl KRISHNA swAMY' AGP FoR GP Counsel for the ResPondent No'S: -- The Court made the following: ORDER FOR LABOUR HONOURABLE SRJ JUSTICE E.V.VENUGOPAL WRIT PETITION No.8574 of2o25 ORDER: The present writ petition is hled by- the petitioners under Article 226 of the Constitution of India seeking the following relief : ".....to issue a lrrit order or direction, more particuiarly one in the nature of Writ of Mandamus declaring the action of the 3,a respondent in non-conducting the elections for ttre Recognized Trade Union in the 5tn respondent company and issued an impugned proceedings vide Lr.No.A/423 /2023, dated 29.08.2024 by postp;ned the meeting which was to be held ot 3O.O8.2O24 to conduct the elections for the Recognized Trade Union il the 5rh Respondent Company is an illegal, arbitrary, unjust, unfair, unreasonable, whimsical, non-application of mind, unilatera.l and in violation of principles of natura-l justice and in violation of the provisions of the Indian Trade Unions Act, 1925 and, in violation of Article L4 and,2l of the Constitution of India and against to the catena of Judgments of an Apex Court and this Hon'ble Court and set aside the same arrd consequently direct the 3.d respondent conduct the elections in the 5u, respondent comp€rny for the Recognized Trade Union....

2. Heard Sri Prabhakar Chikkudu, learned counsel for the petitioners and Sri Krishna Swamy, learned Assistant Government Pleader, representing learned Government Pleader for Labour.

3. The learned counsel for the petitioners contended that the respondent Nos.3 to 5, in collusion w.ith each other, are not conducting elections to the trade union of i' l*&t:a:, 2 the 5th respondent, in violation of the Fundamental Rights of the members of the petitioners' union for the past severa-l years and hence, the union filed WP No.27927of 2022 where under this Hon'ble Court directed the respondent No.2 to consider the representation of the petitioners dated 25.02 .2022 for conducting elections for the 5th respondent company and pass necessarJr orders strictly in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of the copy of the said order. He further submitted that elections to the trade union of the Sth respondent have to be conducted once for every two years. He further submitted that in-spite of the orders of this Court, the elections to the trade union of the 5th respondent company have not been conducted for the last six years due to which several issues of the workers have not been resolved and the petitioners are deprived of their rights to canvass their grievances.

4. On the other hand, learned Assistant Government Pleader, by furnishing written instructions passed on to 3 the State of Telangaaa, 20.03.2025 by the Deputy the learned Government pleader, Labour Emplo5rment and Training, High Court for Lr.No.A/ 423 / 2023, dated Commissioner of Labour, Adilabad, would submit that though it has not been stated in the written instructions about the possibility of conducting the elections, still the respondents are contemplating to conduct the elections in the month of April, 2025 and hence, the present writ petition may be disposed of. 5. Recording the submissions made by the learned counsel for the petitioners and the learned Assistaat Government preader, particurarry the submission of the learned Assistant Government pleader that the elections to the recognized trade union of the 5th respondent company would be conducted in the month of April, 2025, this Court deems it appropriate to dispose of the present writ petition directing the respondents to conduct the elections for the Recognized Trade Union in the Sth Respondent Company forthwith in accordance with law. I I j i: 4

6. In the result, the present writ petition is disposed of. No order as to the costs

7. Miscellaneous applications, if any, pending, shall stand dismissed. .;fi .; //TRUE COPYII SD/. P.PADMANABHA REDDY PUTY REGISTRAR \ I SECTION OFFICER .Ambedkar Secretariat, yderabad. missioner of Labo ur, Adilabad, Adilabad District The Principal Secreta ry to Labour Department, Dr.B. Saifabad Hyderabad , State of Telan gana. The Com mtsstoner of Labour, Ta nguturi Anjaiah Bhavan, RTC X Road, Chikkadapally, H The Deputy Com The Asst. Commissioner of Labour,Ad ilabad, Adilabad District The Man Mandal One CC to SRt pRABHAKAR CHIKKUDU , Advocate oPUCI Two CCs to Gp FOR LABOUR High Court for the State of Telangana, at Hyderabad [our] Two CD Cop res M/s Orient Cement Ltd, Devapur Village, Kasipet aging Director, Mancherial District To 1 2 3 4 5

6. 7. B. PSK. PSK HIGH COURT DATED:21 10312025 ORDER WP.No.8674 ot 2025 4 t,' ( C) 'J 1HESTaI€ 2 B [Pn 2825 f ) a oFS raTc, DISPOSING OF THE WRIT PETITION WITHOUT COSTS \)