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2011 Supreme(SC) 1223

ALTAMAS KABIR, CYRIAC JOSEPH, SURINDER SINGH NIJJAR
Gyana Pattnaik, General Secretary, Tata Refractories Sramik Sangha, District Jharsuguda, Orissa – Appellant
Versus
State Implemtn. Offr-cum-Lab. Commr. , Orissa – Respondent


Advocate Appeared:
For the Appellant :Mukul Rohatgi N. Laud, V. S. Raju, T. N. Rao , Advocates.
For the Respondent:Dhruv Mehta Yashraj Singh Deora, Rajesh Kumar, Ram Krishna, for Mitter and Mitter Co. B. P. Thirphati, Shibashish Misra, Advocates.

JUDGMENT :

Altamas Kabir, J.

The Special Leave Petition is directed against the final order dated November 1, 2010, passed by the Orissa High Court at Cuttack in Writ Petition No. 10256/2010, wherein the petitioner prayed for quashing of the order dated May 21, 2010, passed by the Labour Commissioner, Orissa, Bhubaneswar, appointing the District Labour Officer, Jharsuguda, as the Returning Officer to conduct the election for the Office Bearers of the Tata Refractories Shramik Sangh, Belpahar, Jharsuguda, which is the only recognised Union of the company. Without going into the rival contentions, the High Court rejected the contention that the appointment of the Returning Officer for conducting the election of the Office Bearers of the Sangh was bad in law and held that the Labour Commissioner had rightly appointed the District Labour, Officer, Jharsuguda, to conduct the aforesaid election for the purpose of proper representation of the workmen of the factory. In the said context, the High Court disposed of the writ petition by directing that the Returning Officer should conduct the election and complete the election process, in all respects, within a period of four weeks from the dat

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