ORAL JUDGEMENT:- Rule. Mr.Nagle waives service for respondents. By consent, rule is made returnable forthwith.

2. By this petition under Article 226 of the Constitution of India, the petitioner, Municipal Corporation of Greater Mumbai, through its General Manager, Bombay Electric and Supply and Transport Undertaking (BEST), challenges the order dated 30th December 2002 delivered by the Dy.Commissioner of Labour and Settlement Officer, which has been confirmed by the President Industrial Court on 16th August 2007.

3. The petitioner is engaged in the supply of electricity so also conduct and maintenance of Public Transport Service in Greater Mumbai. The undertaking of the petitioner is registered as such under section 11 of the Bombay Industrial Relations Act, 1946. (B.I.R.Act for short). The respondent is Trade Union registered under the Trade Union’s Act. It is represented and approved Union for the Transport Industry of the petitioner.

4. The petitioner states that Standing Orders (Transport section) of the petitioner undertaking are settled by the Commissioner of Labour under section 35(2) of the B.I.R. Act, 1946. They are also settled by the Industrial Court under section 36(3)

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