Gauhati High Court
WP(C)/4734/2023 of TRADE UNION OF OIL AND NATURAL GAS COMMISSION WORKERS, CACHAR PROJECT, SILCHAR, ASSAM Vs THE UNION OF INDIA AND 5 ORS on 15 July 2026
GAHC010180012023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4734/2023 TRADE UNION OF OIL AND NATURAL GAS COMMISSION WORKERS, CACHAR PROJECT, SILCHAR, ASSAM REPRESENTED BY SRI ASHOK BAIDYA, AGED ABOUT 60 YEARS, GENERAL
GAHC010180012023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4734/2023
TRADE UNION OF OIL AND NATURAL GAS COMMISSION WORKERS, CACHAR PROJECT, SILCHAR, ASSAM
REPRESENTED BY SRI ASHOK BAIDYA, AGED ABOUT 60 YEARS, GENERAL SECRETARY OF THE SAID UNION, RAILWAY 2ND GATE, P.O.- TARAPUR, SILCHAR, DIST.- CACHAR, ASSAM, PIN- 788003.
VERSUS
THE UNION OF INDIA AND 5 ORS
TO BE REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF PETROLEUM AND NATURAL GAS, ETC., NEW DELHI, 110001.
2:OIL AND NATURAL GAS COMMISSION (ONGC)
TO BE REPRESENTED BY CHAIRMAN
ONGC
PLOT NO. 5A-5B
NESON MANDELA ROAD
VASANT KUNJ
NEW DELHI
110070.
3:GENERAL MANAGER (HR) I/C-HR-ER
ONGC
CACHAR PROJECT
SRIKONA
SILCHAR
CACHAR
PIN- 788026.
4:THE ASSET MANAGER
ONGC
AAFB-EA
SILCHAR ASSET
SRIKONA
PIN- 788026.
5:CHIEF LABOUR COMMISSIONER
GOVT. OF INDIA
SHRAMEV JAYATE BHAWAN
G-4
SECTOR-10
DWARKA
NEW DELHI
110075.
6:HIRESH CHAKRABORTY
S/O LATE H.K. CHAKRABORTY
R/O- SIB BARI ROAD
ROMANI MOHAN LANE
P.O.- TARAPUR
DIST.- CACHAR
ASSAM
PIN- 788003
For the Petitioner(s) : Ms. L. Wajeeda, Advocate For the Respondent(s) : Mr. G. N. Sahewalla, Sr. Advocate Ms. K. Bhattacharyya, Advocate Mr. A. Dasgupta, Sr. Advocate Ms. B. Das, Advocate
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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O R D E R
16.07.2026
Heard Ms. L. Wajeeda, the learned counsel appearing on behalf of the Petitioner. Mr. J. K. Goswami, the learned counsel appears on behalf of the Respondent Nos.1 & 5; Mr. G. N. Sahewalla, the learned Senior Counsel assisted by Ms. K. Bhattacharyya, the learned counsel appears on behalf of the Respondent Nos.2, 3 & 4 and Mr. A. Dasgupta, the learned Senior Counsel assisted by Ms. B. Das, the learned counsel appears on behalf of the Respondent No.6.
2. The present writ petition has been filed by a Trade Union through one Sri Ashok Baidya who claims to be the General Secretary of the said Trade Union. On the other hand, it is seen from the records that the Respondent No.6, namely, Sri Hiresh Chakraborty also claims that he is the General Secretary of the Petitioner Trade Union.
3. The materials on record also show that there is a dispute between two groups claiming right of control over the Petitioner Trade Union and it is under such circumstances, the Respondent No.2 had been compelled to take steps for locking the office of the Trade Union. Under such circumstances, the Petitioner Trade Union represented by Sri Ashok Baidya has filed the present writ petition challenging the action on the part of the Respondent Nos.2, 3 & 4 in locking the office of the Petitioner Trade Union.
4. This Court has duly heard the learned counsels appearing on behalf of the parties and has perused the materials on record. From the perusal of the materials on record, it is apparent that there are two factions/groups who claim to control the affairs of the Petitioner Trade Union, namely, the Trade Union of Oil and Natural Gas Commission Workers, Cachar Project, Silchar.
5. It is the opinion of this Court that the dispute between the two groups as to who controls the Petitioner Trade Union is apparently a civil dispute which can only be adjudicated before the competent Court of Civil Jurisdiction.
6. Considering the above, this Court is not inclined to entertain the instant writ petition.
7. Before parting with the record, this Court, however, finds it pertinent to observe that once the issue as to who controls the Petitioner Trade Union is resolved, the Respondent Nos.2, 3 & 4 would be required to provide the space for the Trade Union. In this aspect, Mr. G. N. Sahewalla, the learned Senior Counsel appearing on behalf of the Respondent Nos.2, 3 & 4 submitted that the said Respondents are not adverse to providing the space once the dispute as to who controls the Petitioner Trade Union is resolved.
8. This Court further observes that the dismissal of the instant writ petition on the ground of not being entertained shall not prejudice either of the groups who claims to be controlling the Petitioner Trade Union to approach the competent Court of Civil Jurisdiction.
JUDGE Comparing Assistant