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2014 Supreme(Bom) 2197

A.S.CHANDURKAR
VIP Industries Shramik Sangh – Appellant
Versus
VIP Industries Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :B.M. Khan, Advocate
For the Respondents:H.V. Thakur, Advocate and A.R. Taywade, AGP

JUDGMENT

A.S. Chandurkar, J.

1. This Writ Petition filed under Articles 226 and 227 of the Constitution of India challenges the order dated 27-09-2013 passed below Exhibit-10 thereby holding that the statement of claim filed by the petitioner Union in relation to the transfer of 140 employees was beyond the scope of the industrial dispute that had been referred for adjudication. By order dated 23-12-2013, notice for final disposal was issued and accordingly the learned Counsel for the parties have been heard at length.

2. The petitioner is a Union of employees registered under the Trade Unions Act, 1926 and is also recognized under the provisions of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 [for short, 'the Act of 1971']. The respondent no. 1 is a Public Limited Company wherein the employees represented by the petitioner Union are employed. On 28-02-2007 there was a settlement between the Union and the Management which settlement was to remain in force till 31-12-2010. However, prior to expiry of aforesaid period, a fresh charter of demands was submitted after giving notice of termination of settlement. On 03-03-2011 a charter of dem





























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