1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1834 OF 2010 1. Rashtriya Sakhar Kamgar Union through its President Shri. Arjun Eknath Dushing, Age 47 yrs., Occu. Service, R/o. At Post. Umbare, Tq. Rahuri, Dist. Ahmednagar. 2. The Secretary, Rashtriya Sakhar Kamgar Union, Shri. Popat Pandharinath Dhumal, Age 55 yrs., Occu. Service, R/o. At Post Musalwadi, Tq. Rahuri, Dist. Ahmednagar. ....Petitioners. Versus 1. Appasaheb s/o. Ramrao Gawade, Age 44 yrs., Occu. Service, R/o. At Post Malhar Wadi, Tq. Rahuri, Dist. Ahmednagar. 2. Ranu s/o. Shankar Sarode, Age Major, Occu. Service, R/o. At Post. Malhar Wadi, Tq. Rahuri, Dist. Ahmednagar. 3. Deputy Registrar, (Trade Union) under the Trade Unions Act, 1926, Nashik Division, Nashik and Deputy Commissioner of Labour Nashik Division, Office of the Deputy Commissioner of Labour, Udyog Bhawan, Satpur, Nashik - 7. ....Respondents. Shri. Pradeep Shahane, Advocate for petitioners. Shri. A.S. Shelke, Advocate for respondent Nos. 1 and 2. Shri. K.M. Suryawanshi, A.G.P. for respondent No. 3. CORAM : R.M. BORDE, J. DATE : 13th April, 2010 2 ORAL JUDGMENT : 1. Heard respective counsel appearing for the parties. 2. Rule. With the consent of parties, the petition is taken up for final disposal at admission stage. 3. The only objection raised to the impugned order passed on 15.12.2009 by the Member, Industrial Court, Ahmednagar in an application (ICTU) No. 1/09, is that direction contained in para No. 3 of the order is not contemplated by the applicant in his application. The application is tendered by the original applicant/respondent herein, seeking direction to the petitioner to submit accounts to the Deputy Registrar of Trade Unions, Nasik Division, Nasik. The petitioner has no objection for the relief granted in terms of paragraph No. 1 of the impugned order passed by the Member, Industrial Court, Ahmednagar. However, only objection raised in respect of direction contained in para 3 is on the ground that the application tendered by the respondent herein/original complainant does not require such an order or that such an prayer seeking the direction as contained in para 3 was not at all prayed. The order passed by the Member, Industrial Court, Ahmednagar is in excess of the jurisdiction. 4. It is not disputed that the elections of the office bearers of the Trade Unions are due in April 2010. Only objection raised is in respect of direction to Deputy Registrar, Trade Union, Nashik Division, Nashik to 3 supervise and hold such elections. In this situation, it is desirable to permit the respondent herein to present appropriate application to the Industrial Court and to direct the Industrial Court to pass appropriate order after considering the objections that may be raised by the petitioner. 5. In this view of the matter, the writ petition is allowed. The direction contained in para 3 passed by the Member, Industrial Court, Ahmednagar in an application (ICTU) No. 1/2009 on 15.12.2009 is quashed and set aside. The respondent No.1/original applicant is directed to tender an application within one week from today, seeking appropriate relief and Industrial Court, after considering the objections that would be raised by the petitioner herein, shall pass an appropriate order and issue directions thereafter within two weeks. 6. With these directions, the petition stands disposed of. Rule is made absolute in the above terms. In the facts and circumstances of the case, there shall be no order as to costs. Authenticated copy be supplied to the requesting parties. [ R.M. BORDE, J. ] ssc/wp1915.09