THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.11465 OF 2010 DATED 26TH JULY, 2010 BETWEEN B.D.L.Employees Trade Union Congress (Regd. No.A3711 affiliated to INTUC No.11095) Kanchan Bagh, Hyderabad – 500 058. Rep. by its General Secretary, Md.Ahemadullah, S/o Late Sri Md.Khajamoinuddin aged about 45 years. And Another. … Petitioners And Bharat Dynamics Ltd., Rep. by its Chairman & Managing Director, Kanchan Bagh, Hyderabad – 500 058. And Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.11465 OF 2010 ORDER: The writ petition is filed by the Bharat Dynamics Limited Employees Trade Union Congress, Hyderabad, represented by its General Secretary and one K.Sarangam, claiming to be the President of the first petitioner Union. The prayer in the writ petition is to direct the Bharat Dynamics Limited, Hyderabad and its General Manager, the first and second respondents, to recognize and invite the first petitioner Union through its duly elected representatives/office bearers headed by the second petitioner for negotiations and settlements. A further direction is sought to the respondents not to act in a partisan or arbitrary manner affecting the rights of the petitioners. It is the case of the petitioners that the third respondent herein, one T.Pandu, was dislodged from the post of the President of the first petitioner Union in the General Body Meeting held on 04.04.2010. In his place, the second petitioner is said to have been elected as the President. The complaint of the petitioners is that in spite of the same being informed to the Management of the first respondent company, it was continuing to deal with the third respondent. On the face of it, the aforestated averments demonstrate that the complaint of the petitioners is against the third respondent and it appears to be an internal dispute of the Trade Union. The first respondent company seems to have been brought into the picture only for the purpose of maintaining this writ petition. That apart, it is brought to my notice that the second petitioner filed a suit, O.S.No.2723 of 2010, on the file of the VIII Junior Civil Judge, City Civil Court, Hyderabad, seeking a perpetual injunction against T.Pandu, the third respondent herein, from using the letter pad, Registration No.A3711 and affiliation of the BDL Employees Trade Union Congress and also to restrain him from dealing with the Bharat Dynamics Limited, Hyderabad, and its General Manager, the first and second respondents herein, in respect of negotiations and various service issues. Having approached this Court by way of the present writ petition, it was not open to the second petitioner herein to simultaneously invoke the jurisdiction of the competent Civil Court for a relief which is substantially identical in terms to that in the writ petition. This amounts to a clear abuse of process on the part of the second petitioner. The Writ Petition is accordingly dismissed leaving it open to the petitioners to pursue the remedy before the competent Civil Court. No costs. ____________________ SANJAY KUMAR, J. 26TH JULY, 2010. VGSR/PGS