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2023 Supreme(Kar) 113

M. I. ARUN
Tata Marcopolo Motors Limited – Appellant
Versus
The Tata Marcoplo Kratikari Karmika Union – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. S. N. Murthy, Sr. Advocate for Sri. Shivakumar S. Badawadagi, Advocate
For the Respondent:Sri. Sanjay Singhvi, Sr. Advocate for Sri. Rajshekhar Burji, Advocate, Sri. Shivaprabhu Hiremath, AGA

ORDER :

1. The petitioner is a registered Company and has one of its factory in Belur Industrial Area, Dharwad. Some of its employees are members of the 1st respondent Trade Union. The 1st respondent requested the petitioner to recognize certain office bearers of the Union as protected workmen. As the petitioner did not recognize the members proposed by the 1st respondent as protected workmen, it approached the 2nd respondent for necessary orders. The 2nd respondent after hearing the petitioner and the 1st respondent, has passed the impugned order dated 20.12.2022 bearing No.UKAABE/IDA/SR-02(1)/2022-23/3878 vide Annexure-N to the writ petition, recognizing 11 persons as protected workmen. Aggrieved by the persons at Sl.No.2, 4, 7 and 11 in the list being given the status of protected workmen, the petitioner has preferred this writ petition. With regard to other persons, petitioner has no objection for them being recognized as protected workmen.

2. The case of the petitioner is that, disciplinary proceedings are initiated against persons at Sl.No.2 and 4 of the list, namely, Sri. Shivayogi Halabhavi and Sri. Veeresh Patil and the said proceedings are pending against them. It is furthe

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