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2025 Supreme(Chh) 217

HIGH COURT OF CHHATTISGARH AT BILASPUR
Hon’ble Shri Justice Sanjay S.Agrawal, J
Rashtriya Colliery Mazdoor Congres – Appellant
Versus
Bhagwat Prasad Dubey S/o Shri Ram Kumar Dubey – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Rishi Rahul Soni, Advocate
For the Respondent Shri Sanjay Patel, Advocate Ms. Pragya Pandey, Dy. G.A.

Order :

(Sanjay S. Agrawal, J.)

1. By virtue of this petition, the petitioners are questioning the legality and propriety of the order dated 18.01.20=9, whereby, the learned Member Judge, State Industrial Court, Bench at Bilaspur (CG) in Case No.02/ITU Act/I/2018, has partly allowed the appeal (Annexure P/15) preferred by Respondent No.1- Bhagwat Prasad Dubey under Section 11(aa) of the Trade Unions Act, 1926 (hereinafter referred to as “the Act, 1926”) by setting aside the order dated 24.03.2018 (Annexure P-14) passed by Respondent No.2- The Registrar, Trade Union, Chhattisgarh, Raipur, by remanding the matter to the said authority for adjudication of the case afresh.

2. Briefly stated the facts of the case are that the two registered Trade Unions known as ‘Rashtriya Colliery Workers Federation’ (for short “RCWF”) and ‘Rashtriya Koyala Khadan Mazdoor Sangh’ (for short “RKKMS”) through its Managing Directors, have submitted an application (Annexure P/2) on 27.08.2003 before the Registrar, Trade Union, Chhattisgarh, Raipur as per the provisions prescribed under Sections 24 and 25 of the Act, 1926 for amalgamation of the said Unions to that of ‘Rashtriya Colliery Mazdoor Congress’ (for

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