'^ HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETmON (C} No. 6097_Qf2006 PETITIONER RESPONDENTS Rashtriya Colliery Mazdoor Congress Throu^i its Geiiei-al Seci-etary, B-22, Indira Vihar, S.E.C.L. Colony, Seepat Road, Bilaspur (C.G.) VERSUS 1. Soiith Eastem CoaSfields Limited Through its Chaimiaii aad Managmg Direetor, Seepat Road, Bilaspur (CG) 2. Director (Personnel) Soutfa Eastem Coal&elds Limited, Seepat Road, Bilaspur (C.G.) 3. Director (Finaiice) S.E.C.L. Seepat Road, Bilaspur (C.G.) 4. General Manager, (Industrial Relations) South Eastem Coalfields Limited, Seepat Road, Bilaspur(C.G.) WRTT PETmON UNDER ARTICLE 226/227 OF THE. CONSTITLTION OF INDIA SB: Hon'ble Shri Sateh K. Asnihotri, J. Present: Shi-i Prafal! N. Bharat, Advocate for the petitioner. Dr. N.K.Shukla, Senior Advocate with Ms. Ritu Mishra, Advocate forthe respondents 1 to 3. Shri P.S.Koshy, Advocate with Shri Vivelc Venna, Advocate for the respondent No. 4. ORALORDER (Passed on 03" day of febmary, 2009) 1. The petitioner, by 'this petition, seeks followmg reliefs: i) To produce the entire record and documents pertaining to the decision tafeen by fhe respondeiits in not reieasing the membership fees to the petitioner uiiion. ii) Further hold tiiat the action on tlie part of the respondents in withliolding the amount deducted to be bad in law and illegal. iii) To iiimiediately release the meiiibefship fees ofthe members of the petitionsr union to the Central Committee of the petitioner umon as was being done in the past. 2. According to leamed counsel appearmg for the petitioner, the respondents have failed to pay back tlie membership fee/subscription deducted from the members of the petitioner-Congress. At the time of filing offhe petition, Shri Deepak Jaiswal was the General Secretary of fhe petitioaer-congress. Now, ^ubsequently two General Secretaries faavs been nominated namely Deepak Jaiswal and H.K.Mishra. I:-^-L-- 4. Dr. Shukla, leamed counsel appearing for Ifae respondents submits that a petition has been filed before the Lidustnal Court, Bilaspiir by one Shri Chhotelal Verma, claiming himself to be the General Secretar;' of the petitioner-congress. Certain documents were produced wherein Sliri CUhotelai Verma has been shown as General Secretan' oflhe petitioner- congress. It is fiirther submitted that the respondents are holding the membership fee/subscription money in trust. Admttedly, this money belongs to the Union aad the same shall be given to the proper person. In view ofthe pendency ofthe dispute between Chhotelal Verma and Deepak Jaiswal before the Industrial Court, Bilaspiir in case No. M.C. No. 10/C.G.I.R. Act/III/2008, no order can be passed in ttiis writ petition. Let the Industrial Court decide the issue and thereafter, if membership fee/subscription amount is not paid by the respondents, the petitioner-congress is at liberty to approach this Court again for appropriate relief ifso advised. In.view ofthe fact that fhe dispute is pending consideratioa befhre the Industrial Court and the petitioner-congress has not received any amount from fhe respondents, it is s?q>edient aad proper to direct the Industrial Court to decide the dispute as expeditiously as possible, preferably within a period of four months from fhe date of receipt of a copy ofthis order. In view of fhe foregoing and with the aforesaid direction, this petition stands disposed of. ——— Sd7- Satish KAgmhotri Judge