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2019 (7) TMI 1231

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..... with the petition and observe that the same is simply on a plain paper without having any details about the office of the union or the office bearers of the said union. The Annexure-6 does not inspire confidence in us about the veracity and authenticity of the same. The present writ petition being devoid of merit, is hereby dismissed. - D.B. Civil Writ Petition No. 3798/2019 - - - Dated:- 9-7-2019 - Mr. Justice Sangeet Lodha And Mr. Justice Vinit Kumar Mathur For the Petitioner(s) : Mr. T.C. Gupta For the Respondent(s) : Mr. Sunil Bhandari JUDGMENT/ORDER PER HON BLE MR. VINIT KUMAR MATHUR, J. The present writ petition has been filed .....

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..... conclusion that the proper authorisation was never made to the applicant No.1 to file OA on their behalf and the OA was filed without the consent of the members of the Association and the President of the applicant No.1 -Association suo moto signed the authorisation on their behalf. The tribunal while dealing with the issue held as under:- 15. Furthermore, filing of present application by the applicant No.1 Association , delayed and some-what prejudiced the cause of the Members who never authorized the applicant No.1 to file the Original Application on their behalf. Though the applicant No.1 Association vaguely mentioned in para 7 of the OA that some of the Members have filed separate applications but it did not produce .....

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..... ion 19 of the Administrative Tribunals Act, 1985 in individual capacity or joins together in Single Application as per rule 4(5)(a) of the Central Administrative Tribunal(Procedure) Rules, 1987. (ii). Hereinafter, Registry shall carefully scrutinize the applications filed under rule 4(5)(b) of The Central Administrative Tribunal(Procedure) Rules, 1987 read with rule 7 of The Central Administrative Tribunal Rules of Practice, 1993 . A separate application seeking leave of the Tribunal for joining together to pursue the matters as per rule 4(5)(b) of The Central Administrative Tribunal (Procedure) Rules, 1987 shall be preferred along with OA for consideration of the Court. Registry shall issue order in this regard. .....

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..... has brought to our notice that the order passed by the Tribunal on 24.08.2018 was a common order passed in OA No.47/2017 as well as in OA No.48/2017. He also informs that a writ petition preferred against the order passed in OA No.47/2017 being D.B. Civil Writ Petition No.3786/2019 was dismissed as withdrawn on 21.5.2019 by this Court. He further submits that since a common order was passed on 24.08.2018 in OA No.47/2017 and 48/2017, the findings of the Tribunal were common in both the OAs and the writ petition assailing the validity of the same attained finality in writ petition No.3786/2019 which has been dismissed as withdrawn, the present writ petition is also liable to be dismissed on the same ground. We have consider .....

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