(1) CA2955.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.2955 OF 2010 IN CIVIL APPLICATION NO. 6167 OF 2007 IN WRIT PETITION NO. 3875 OF 2006 Rudradatta Ramji Mishra APPLICANT VERSUS Rashtriya Girni Kamgar Sangh and ors. RESPONDENTS ..... Mr. V.J. Dixit, Sr. Advocate with Mr. P.N. Kutti, Advocate for the Applicant. Mr. D.R. Korde, A.G.P. for the Respondent-State. Mr. A.G. Talhar, Advocate for respondent no. 2 to 6 None present for respondent no.1 though served ..... CORAM : B.P. DHARMADHIKARI, J. DATED : 4TH MARCH, 2011 ORAL ORDER:- 1. By this Application, the applicant-original petitioner is seeking appointment of new person as Administrator by pointing out that as per earlier orders of this Court the Assistant Labour Commissioner, Nasik was directed to appoint an Administrator to look after and represent affairs of Rashtriya Girni Kamgar Sangh, Jalgaon. It is further urged that this appointment has to be personal and (2) CA2955.2010 not because of any particular Office. After transfer of earlier person working as Administrator, another incumbent on very same post namely Shri Dabhade has been appointed as Administrator. Allegations are Shri Dabhade is not competently looking after the interest of the workers. 2. Learned A.G.P. has filed reply on behalf of the Assistant Commissioner of Labour and stated that an independent third party having judicial experience may be appointed to the post of Administrator. Shri Dabhade has filed affidavit making some allegations against the petitioner. His Advocate M.B. Sandanshiv is not available though matter was heard in first half and thereafter in second half. Shri Talhar who appears for the non-applicant no.3 in Civil Application has filed affidavit and is supporting the contentions of Administrator Dabhade. 3. The orders of D.R.A.T. permitting sale of the mill property by private negotiations was questioned before this Court and then the same is now pending before Hon'ble Apex Court in S.L.P. Parties are at war about the role of administrator and about (3) CA2955.2010 engagement of Advocate by him to look after the affairs of Rashtriya Girni Kamgar Sangh. The registration of this Sangh is cancelled by the Deputy Registrar of Trade Unions, Nashik and that order has been questioned by the said Union in Writ Petition no. 3875 of 2006. 4. After going through the respective applications and reply affidavits, I find the anxiety of parties is to see that interest of workers is effectively represented before the Hon'ble Apex Court. There are no personal allegations of any misappropriation or even mis-management by Administrator Shri Dabhade. He is the person who became administrator as he holds the post on which earlier Administrator Shri Avhad was working. In this situation as the matter is before the Hon'ble Apex Court and the parties are being represented by Advocates, the role of Administrator as such is not very significant. Fraction of workers who feel that they are not being properly represented, can alway approach Hon'ble Apex Court with suitable application and their grievance may be considered by the Hon'ble (4) CA2955.2010 Apex Court in accordance with law. This that cannot be reason for change of Administrator. I therefore find that Civil Application no. 2955 of 2010 is misconceived. Same is rejected. No costs. Sd/- [B.P. DHARMADHIKARI, J.] arp