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2019 Supreme(SC) 434

A.M.SAPRE, INDU MALHOTRA
Chairman And Managing Director, the Fertilizers and Chemicals Tranvancore Ltd. – Appellant
Versus
General Secretary Fact Employees Association – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vidur Bhatia, Advocate, Mr. Abhipsit Mishra, Advocate and Mr. Siddhartha Jha, Advocate
For the Respondent:Ms. Resmitha R. Chandran, Advocate, Ms. Lekha Sudhakaran, Advocate, Mr. Biju Josep, Advocate, Mr. Himinder Lal, Advocate and Mr. Raji Joseph, Advocate

JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. These appeals are directed against the final judgment and order dated 25.01.2017 passed by the High Court of Kerala at Ernakulam in W.A. Nos. 1820 and 1824 of 2012 whereby the Division Bench of the High Court dismissed the writ appeals filed by the appellants herein and affirmed the judgment dated 21.08.2012 passed by the Single Judge of the High Court in W.P. Nos. 33938/2008 and 2556 of 2009.

3. These appeals involve a short point as would be clear from the facts stated infra.

4. The appellants herein are the respondents and the respondents herein (respondent Nos. 1-10) are the writ petitioners of the writ petitions, out of which these appeals arise.

5. Appellant No. 1 is a Public Sector Undertaking and engaged in the business of manufacture and sale of various kinds of fertilizers and chemicals. It has a factory at Travancore in the State of Kerala. Respondent Nos. 1 to 10 are the Trade Unions of the workers working in the manufacturing unit of appellant No. 1 at the relevant time.

6. On 23.01.1978, a Memorandum of Settlement was executed between appellant No. 1 (PSU) and respondent Nos. 1 to 10, i.e., (Trade Unions) wherein it was inte



































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