The Rajasthan High Court has dismissed the Income-Tax Contingent Employees Union Plea as it was Without Proper Authorization as minutes of meeting does not bear signatures of any of the Members of the Union.
The writ petition has been filed in representative capacity on behalf of a Union posed as Income Tax Contingent Employees Union. The affidavit in support of the writ petition has been sworn by one Kamal Pal claiming to be a Member and an authorized person of the Union.
Sunil Bhandari Advocate representing the respondents has filed an application seeking dismissal of the writ petition on the ground that none of the Members of the so- called union whose cause is sought to be agitated in this writ petition are identifiable. No list of the casual labour who are alleged to be Members of the Union, has been annexed with the writ petition. Furthermore, no proper authorization/resolution passed by the so-called Union for the purpose of filing the Original Application before the Central Administrative Tribunal or the writ petition before this Court has been placed on record.
Mr. Gupta counsel representing the petitioners vehemently relied upon the document claiming that in the meeting dated 20.3.2015, the Union authorized him to file the cases on behalf of the Union. He further urged that in the meeting, Mr. Kamal Pal had been authorized to plead the matters on behalf of the Union. Mr. Gupta thus submits that the writ petition has been presented and is being pursued under proper authorization.
The division bench of Justice Vinod Kumar Bharwani and Justice Sandeep Mehta held that the minutes of the meeting dated 20.3.2015, which have been referred to by Shri Gupta during the course of his arguments, do not bear signatures of any of the Members of the Union. Furthermore, no list of the Members of the Union has been annexed with the writ petition. Shri Jagdish Solanki claiming to be President of the Union, has authorized Shri Kamal Pal to file the matters on behalf of the Union in the courts. However, no resolution of the Union has been filed on record on the strength whereof, Shri Jagdish Solanki has been authorized to further authorize Shri Kamal Pal to file the Original Application before the Central Administrative Tribunal or the instant writ petition.
The court said, “we are of the firm view that the writ petition has been filed without proper authorization/resolution and hence, the same is not maintainable.”
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