1. Heard learned Senior Advocate for the petitioner and the learned counsel for the opposite party.
2. In this writ application, the petitioner has challenged the order dated 18.04.2012 passed by the learned Presiding Officer, CGIT-cum-Labour Court, Bhubaneswar in I.D. Case No. 7 of 2007, whereby he allowed the petition with a prayer to allow Sridhar Mishra, Vice-President of the Union to conduct the case. However, the learned Presiding Officer has held that the question cannot be decided at that moment as the Bye-laws were not available on record.
3. The learned counsel for the opposite party submits that he has the Bye-laws and he can produce the same before the CGIT-cum-Labour Court.
4. In that view of the matter, the writ application is allowed in part. The order dated 18.04.2012 passed by the learned Presiding Officer, CGIT-cum-Labour Court, Bhubaneswar in I.D. Case No. 7 of 2007 is hereby quashed. The matter is remanded back for re-consideration by the learned Presiding Officer, CGIT-cum-Labour Court.
5. Let the opposite party file the Bye-laws and the list of officer bearers before the aforesaid court. Both the parties are directed to appear before the aforesaid court on 20.02.2020 and produce a certified copy of this order. On their appearance, the learned Presiding Officer, after affording reasonable opportunity of hearing to the parties, shall re-decide the question of representation of the union by Sridhar Mishra and proceed accordingly. The learned Presiding Officer shall dispose of the I.D. Case as expeditiously as possible, preferably, within a period of three months from the date of production of certified copy of this order.
6. The writ petition is disposed of.
7. Grant certified copy of this order on proper application.