ORDER

18.06.2018. Heard Mr. D. Mohanta, learned Counsel for the petitioner and Mr. Aurovinda Mohanty, learned Counsel for opposite party No.2.

2. Petitioner, who is working as Chief Controller of East-coast Railways, Khordha Road Division, Khordha, has filed this writ petition assailing order dated 19.05.2018 (Annedure-5) passed by the Registrar of Trade Unions-cum-Labour Commissioner, Odisha, Bhubaneswar (O.P. No.1) in setting aside the Election Notification dated 26.05.2017 issued by the Chief Personnel Officer, East-Coast Railways for election of Central Office bearers of East-coast Railways Sramik Union (for short Union) as well as the election held on 16.06.2017 pursuant to the said notification. The opposite party No.1, further set aside the Memorandum dated 18.08.2017 issued by the Chief Personnel Officer, East-coast Railways circulating the list of Central Office bearers of the Union and directed for fresh election as per the provisions of the existing Bye-law of the Union.

3. In course of argument, Mr. Mohanta, drew attention of this Court to order dated 19.07.2016 passed in W.P,. (C) No.107 of 2016, whereas it was directed as follows :

“In view of the discussions made hereinabove, the election of the present opposite party No.5 as President of East- Coast Railways Shramik Union is not in consonance with the existing Bye-Laws and as such the election held on 27th and 28th of August, 2015 is invalid and not sustainable in law. Hence, this Court while quashing the impugned memorandum dated 03.9.2015 under Annexure-9 directs opposite party No.1 to take consequential steps as directed by the Court in its order dated 29.8.2011 in W.P. (C) No.15642 of 2011.”

The writ petition along with Misc.Case is accordingly disposed of.”

4. East-coast Railways Shramik Union had filed W.P. (C) No.15642 of 2011 seeking for issuance of a writ of Certiorari to quash the order dated 23.05.2011 and to uphold the amended Bye-laws of the Union, i.e., regarding clause – 5 (a) (i) of the Bye-laws and further sought for issuance of a direction to the opposite parties therein to uphold the amended Bye-laws and to continue the petitioner-2, namely, Ch. Gandhi, in his official capacity as General Secretary of petitioner No.1-Union.This Court after an elaborate discussions, dismissed the writ petition vide order dated 29.08l.2011 said order of this Court dated 29.08.2011 was assailed before the Hon’ble Supreme Court in SLP (C) No.27027 of 2011, which came to be disposed of vide order dated 15.12.2015 with a finding that in view of the intervening developments, the SLP has been rendered infructuous. However, liberty was granted to the parties to pursue any surviving grievance in appropriate proceedings. After disposal of the SLP, W.P:.(C) No.107 of 2016 was filled by the Union in which the aforesaid direction was issued. The said order was the subject matter of challenge before the Hon’ble Supreme Court in SLP (C) No.25177 of 2016, which was disposed of vide order dated 05.09.2016 directing the petitioner to approach the High Court by way of Review Petition, which would be decided on its own merit.

Accordingly, RVWPET No.226 of 2016 was filed, which was disposed of vide order dated 07.11.2016 with a direction to opposite party No.1 to take consequential steps pursuant to the direction of this Court in W.P. (C) No.15642 of 2011.Accordingly, the opposite party No.1, vide its order dated 18.03.2017 held that the election held in 2011 and 2013 is invalid and directed to conduct fresh election. Accordingly, election notification dated 26.05.2017 was issued, which was challenged in Civil Suit, i.e. CS No.789 of 2017 before the learned Civil Judge (Senior Division) Bhubaneswar and in IA No.1 of 2017, (arising out of the suit), learned Civil Judge vide order dated 05.06.2017 directed that the election process would continue, but the result shall not be declared. The said Election notification was also challenged before this Court in W.P. (C) lNo.10535 of 2017,