IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25594 OF 2024 NALCO Employees Central Union, …. Petitioner Bhubaneswar Mr.Sukanta Kumar Dalai, Advocate -versus-

Union of India and Others …. Opp. Parties Mr. Bhabani Sankar Rayguru, Senior Panel Counsel (For O.P. Nos.1 to 3), Mr. Tanmaya Mishra, Advocate (For O.P. Nos.4 and 5)

Mr.Tarunkanta Pattanayak, Advocate (for O.P. No.6)

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

ORDER

12.12.2025 Order No.

09. 1. This matter is taken up through hybrid mode.

2. The Petitioner, in this writ petition, prays for the following relief:-

“Under the circumstances it is most respectfully prayed that this Hon'ble Court may kindly graciously be pleased to allow this application and issue Rule Nisi calling the Opposite Parties and hearing upon the them to quash entire election procedure dtd.0l.10.2024 under Annexure-6 so also consequential action thereto declaring the same as illegal, arbitrary, mala fide and contrary to the Rules and so also law of Election to secure ends of justice;

And pass any other order/orders, as may be deemed fit and proper in the facts and circumstances of the case.

And for this act of kindness, the petitioner shall as in duty bound ever pray”.

3. Learned counsel for the parties unequivocally submits that the secret ballot for verification of the membership of the Trade Unions have already been done.

4. Mr. Dalei, learned counsel for the Petitioner, however, submits that procedure prescribed under the Verification of Membership and Recognition of Trade Unions Rules, 1994 (for brevity, ‘the 1994 Rules’) has not been complied with.

5. Mr. Rayguru, learned Senior Panel Counsel, however, referring to the counter affidavit submits that upon receipt of consent from the Petitioner-Union, the secret ballot for verification of the membership has been done. It is also submitted that the secret ballot has been done following the procedures prescribed in the Rules, 1994.

6. It is submitted by Mr. Mishra, learned counsel for the NALCO (Opposite Party Nos.4 and 5) that although the secret ballot has already been done, but in view of the interim order, the result has not yet been published.

7. Mr. Pattanayak, learned counsel for the Opposite Party No.6 submits that the all the Trade Unions have participated in the secret ballot without any objection. The secret ballot was done following due procedure of law.

8. Taking into consideration the submission of learned counsel for the parties that the secret ballot for verification of the membership has already been done, this writ petition is disposed of with an observation that if the Petitioner or any of the parties are aggrieved by the procedure followed, they may raise their grievance in accordance with law before the competent Authority. If such an application is filed before the competent Authority, the same may be considered in accordance with law.

8. Interim order dated 9^th October, 2024 passed in I.A. No.13791 of 2024 stands vacated. Consequently, the result of the secret ballot shall be published and follow up action shall be taken.

(K.R. Mohapatra)

Judge (Savitri Ratho)

Judge Himansu Signature Not Verified Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 12-Dec-2025 20:19:01