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2006 Supreme(Bom) 2082

A.S.OKA, F.I.REBELLO, V.K.TAHILRAMANI
AIR INDIA EMPLOYEES GUILD – Appellant
Versus
AIR INDIA LIMITED – Respondent


ORAL JUDGMENT

F. I. REBELLO, J. :- A learned Division Bench of this Court while hearing the above petitions, doubted the correctness of the view taken in Oil and Natural Gas Commission Karmachari Sanghatana vs. Ministry of Petroleum and ors. in Writ Petition No. 1785 of 1997 and also found other contentions urged before it were of great importance and arose in a number of matters and accordingly referred these matters for consideration to a larger Bench. The questions of law formulated and referred for our consideration are as under:

(1) Whether the ratio of the judgment of the Supreme Court in Automobile Products of India Employees Union vs. Association of Engineering Workers Bombay and others, 1990(11) CLR 344 (SC) and the Judgment (of the Division Bench of this Court) in Association of Engineering Workers vs. Dockyard Labour Union and others, 1993(1) CLR 637 and the judgment of the (Division Bench of this Court) in Association of Engineering Workers vs. Dockyard Labour Union 1992(11) CLR 382 applies to the verification of membership of Union in establishment governed by the Code of Discipline and whether it applies only to cases under the Maharashtra Recognition of Trade Unions

























































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