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2014 (9) TMI 1130 - HC - Indian LawsValidity of order passed by the Deputy Registrar of the Trade Unions - election of the Union and the modalities - Held that:- The matter is large open before the Industrial Court. The Court below has already directed to hold fresh election and for that, even modalities are worked out in the impugned order. While doing so, the order passed by the Deputy Registrar of the Trade Unions dated 26.02.2014 is already suspended, which is evident from record also. Under these circumstances, this Court does not see any reason to interfere in the course adopted by the Industrial Court as reflected in the impugned order. This petition therefore needs to be dismissed. So far the grievance of the petitioner about the alleged large scale irregularities and high-handedness of the office bearers of the Union etc. is concerned, those are the aspects which can be taken care of by the collective wisdom of the members of the Union at the time of election and there can not be interference by the Court in that regard. If any offence is committed, it is always open to the concerned member to take recourse to the appropriate remedy, but the same can not be a ground to thwart the election process. It is vehemently submitted on behalf of the petitioner that, the time period granted by the Tribunal is already over, and therefore the election can not be held now. This argument needs to be rejected because the petition can not be, and is not for challenging the election ordered by the Industrial Court. This argument would show lack of bona fide of the petitioner and needs to be rejected. Any procedural aspect can be looked into by the Court below which is seized of the matter. This petition needs to be dismissed.
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