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2011 Supreme(SC) 987

ASOK KUMAR GANGULY, D.K.JAIN
Siemens Ltd. – Appellant
Versus
Siemens Employees Union – Respondent


JUDGMENT

Ganguly, J.

1. Leave granted.

2. This appeal has been preferred from the order dated 12th March, 2010 of the Division Bench of the Bombay High Court in Letters Patent Appeal No. 30/2010.

3. The appellant no. 1 is a public limited company having its registered office at 130, Pandurang Budhkar Marg, Dr. Annie Besant Road, Worli, Mumbai and is engaged in the business of manufacturing switchgears, switchboards, motors, etc., of its many factories, one is located at Thane-Belapur Road, Kalwe, Thane, and houses the plant that manufactures switchboards for the company. The appellant employs about 2200 employees. The appellant no. 2 is the Chief Manager (Personnel) of the said Company.

4. Respondent no. 1, the contesting respondent, is a registered trade union of the workers employed by the appellant no.1. It is recognized under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter, referred to as the Maharashtra Act). Respondent no. 2, the pro forma respondent, represents the Switchboard Unit of the company, and is responsible for the routine functioning of the plant at Kalwe.

5. In 2007 the trade union pr
























































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