WP(C) 5100/2011 BEFORE THE HON’BLE MR. JUSTICE BP KATAKEY Heard Mr. RP Sarma, learned senior counsel for the petitioner, the learned CGC a ppearing for the respondent Nos. 1, 3 and 5 as well as Mr. SN Sarmah, learned se nior counsel appearing for the respondent Nos. 2 and 4. The petitioner, by the present petition, has prayed for a direction to the respo ndent authorities to allow the petitioner union to participate in the process ve rification of membership of the trade union operating in the Oil India Ltd., thr ough the secret ballot procedure, contending inter alia, that though the petitio ner union has more than 2000 members the respondent authorities are not taking s teps to verify their membership. It is also the contention of the petitioner tha t another faction headed by one Minaram Konwar as the president of Oil India Emp loyees Union, however, has been allowed to participate in the said process witho ut allowing the faction of Oil India Employees Union headed by Jiban Borbora to participate. It is not in dispute that the Oil India Employees Union represented by another p resident has been given the notice to furnish the required information for the p urpose of holding the election to ascertain the membership. Such notice, however , was not given to the other faction of Oil India Employees Union headed by Jiba n Borbora. Admittedly both civil and criminal cases between the two factions of Oil India E mployees Union are pending. The claim of the petitioner that the faction of the employees union headed by Jiban Borbora also be allowed to participate in the sa id election, cannot be adjudicated in the writ proceeding when a civil suit in t he said matter is pending. That apart the other faction is not a party in the pr esent proceeding. That being the position the relief claimed in the present petition cannot be gra nted. It would, however, not preclude the petitioner from approaching the civil court for appropriate relief. The writ petition stands disposed of. No cost.