IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4070 of 2011 JAI NARAYAN PRASAD . Versus THE STATE OF BIHAR & ORS . with CWJC No.16707 of 2010 1. KAMTA PRASAD SAH, PERSONAL NO. 1044 S/O JAMUNA SAH R/O MUNGER, P.S.- MUNGER, DISTT.- MUNGER, PRESENTLY WORKING AS SENIOR CRAFTMAN, INDIAN TOBACCO COMPANY LTD. BASDEOPUR, DISTT.- MUNGER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY LABOUR RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 2. THE LABOUR COMMISSIONER-CUM-REGISTRAR TRADE UNION ACT-26, BIHAR LABOUR RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. THE JOINT LABOUR COMMISSIONER LABOUR RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 4. THE DISTRICT MAGISTRATE, MUNGER 5. THE ASSISTANT LABOUR COMMISSIONER MUNGER, LABOUR RESOURCES DEPARTMENT, MUNGER 6. THE BRANCH MANAGER, INDIAN TOBACCO COMPANY LTD., MUNGER 7. THE MUNGER TOBACCO MANUFACTURING WORKERS UNION REGISTRATION NO. 68, THROUGH ITS PRESIDENT C.P. SINGH, RESIDING AT MUNGER, DISTT.- MUNGER ----------- 8/ 09/05/2011 Heard learned counsel for the petitioner in both writ applications, the State as also for the respondents. The issues in both the writ applications are common with regard to holding of fresh elections for office-bearership in the Munger Tobacco Manufacturing Workers’ Union, a registered trade union bearing No.68 in M/s. I.T.C. at Munger. In C.W.J.C. No.4070/11 a supplementary affidavit has been filed. Annexure-13 dated 28.4.2011 to the same clinches the issue and it is not considered necessary to discuss the detailed facts of the case. 2 It is not in issue before the Court today, as affirmed by the counsel for the parties, that the order dated 28.4.2011 of the Labour Commissioner-cum- Registrar has not been questioned by any party to the litigation. The apprehension on behalf of the petitioners is that once again the elections may be postponed as has been done on several earlier occasions mentioned in the order dated 28.4.2011 itself. In the nature of the peremptory order dated 28.4.2011 the Court is satisfied on the happening of the event by not holding elections on or before 27.6.2011 the Labour Commissioner-cum-Registrar has already rendered himself functus officio in the matter and the consequences of not holding the elections shall ensue by de-recognition of the union from 28.6.2011. For all practical purposes, the present application at this stage appears to have become infructuous for the aforesaid reason. It is accordingly disposed in terms of the order dated 28.4.2011. KC ( Navin Sinha, J.)