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2009 Supreme(Bom) 142

J.H.BHATIA, BILAL NAZKI
Force Motors Limited – Appellant
Versus
Poona Employees Union – Respondent


Advocates Appeared:
Mr. K. K. Singhavi, Sr. Counsel with Mr. S. K. Talsania, Ms.Pallavi Dhedia i/by M/s. Sanjay Udeshi & Co., for Petitioner in WP 2907/06 and for Respondent No.2 in WP 2878/06.
Mr. S. G. Anney, Sr. Counsel with Mr. K. S. Bapat i/by Mr. A. V. Fatangare for the Petitioner in WP 2878/06 and for Respondent No.2 in WP 2907/06.
Ms. Gayatri Singh for Respondent No.1 in both the Petitions.

JUDGMENT

Per Bilal Nazki, J. :

These two writ petitions have been filed by the petitioners challenging the same order, therefore they are being disposed of by the common judgment and order. The Writ Petition No. 2907 of 2006 is filed by the Company while Writ Petition No. 2878 of 2006 is filed by the Union. For the purpose of reference to contesting parties, reference is made to the Writ Petition No. 2907 of 2006.

2. The order challenged in both the petitions is dated 22nd March, 2006 passed by the Industrial Court, Pune on an application made by respondent No.1 Union under Section 14 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as “the MRTU & PULP Act”). By the impugned order, the Industrial Court cancelled the status of recognised Union of respondent No.2 and granted recognition to respondent No.1 Union in respect of the Company – Bajaj Tempo Limited, Akurdi, Pune. So the union which was earlier recognised has filed one petition and the Company has filed another petition.

3. The Company's case is that it is incorporated under the Companies Act and is engaged in manufacturing of commercial vehicles. One of






























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