W.P No. 8894 of 2012 · Madhya Pradesh High Court

aggrieved by order dated 05.09.2003 passed by the respondent No.1 amalgamating the petitioner and respondent No.3. It is submitted by the learned counsel for the petitioner that the aforesaid order was passed by the respondent No.1 without giving any opportunity to the petitioner and inspite of several representations, no decision thereon has been taken by the authorities till date. From a perusal of the record, it is clear that the order of amalgamation has been passed by the management on 31.12.2003 on the basis of a decision taken on 22.08.03 by the aforesaid two unions i.e., the petitioner and respondent No.3 in exercise of powers under Section 27 of the Trade Unions Act, 1926. Shri Rajneesh Gupta, learned counsel entering appearance on behalf of respondent No.3 also stated that the amalgamation has been taken place in accordance with the general body resolutions and has been duly recorded and he has no objection to the W.P. No.8894/2012 (The Rashtriya Colliery Workers Federation Vs. Chairman cum Managing Director & ors.) aforesaid arrangement. Apparently and admittedly the petitioner has never approached the Registrar or any authority against the impugned order dated 05.09.2003 and has for the first time filed the present petition after a long lapse of nearly 10 years. The only explanation for not approaching the Registrar or this court at an early date is that the petitioner was filing representations before the respondents. In the circumstances, as there is no cogent, valid or acceptable reason furnished by the petitioner for not approaching the Registrar against the impugned order or for having approached this court after a long lapse of nearly 10 years and, therefore, in view of the statement made by the learned counsel for the respondent No.3 as well as the documents on record, I find no reason to interfere with the order passed by the respondent. The petition filed by the petitioner being meritless and is accordingly dismissed. (R.S. Jha) Judge