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2018 Supreme(Bom) 273

S.C.DHARMADHIKARI, BHARATI H.DANGRE
Thyssen Krupp Industries India Private Limited – Appellant
Versus
Suresh Maruti Chougule – Respondent


Advocates Appeared:
For the Petitioner:K.M. Naik, Senior Advocate a/w Varun Joshi, Hemant Telkar, Shruti Padsalgikar, Sujit Salkar, Janki Kadam i/by Chetan Alai, Sanjay Singhavi, Senior Advocate i/by Rahul Kamerkar, Advocates.
For the Respondent:Anil C. Singh, Additional Solicitor General a/w P.M. Palshikar, Aditya Takker, V.T. Kalyan, A.A. Kumbhokoni, Advocate General a/w Shardul Singh, Akshay Shinde a/w B.V. Samant, AGP, Sanjay Kulkarni, Amitkumar Damodar Sale, Advocates.

JUDGMENT :

S.C. Dharmadhikari, J.

1. Rule.

2. By consent, Rule is made returnable forthwith.

3. By this Petition under Article 226 of the Constitution of India, the petitioner is challenging the constitutional validity of Section 36(4) of the Industrial Disputes Act, 1947 ("I.D. Act" for short) and praying that it be declared ultra vires Article 14 of the Constitution of India as also Section 30 of the Advocates Act, 1961 ("Advocates Act" for short).

4. The further prayer is that an order passed on 15th February, 2017 by the 2nd Labour Court, Pune in Reference IDA No.121 of 2016 be quashed and set aside.

5. The facts leading to this Petition briefly stated are as under:

(a). The petitioner states that it is a company duly incorporated under the provisions of the Companies Act, 1956 and is an existing company within the meaning of Section 2 of the Companies Act, 2013. The company is having one of its factories at the address mentioned in the cause title. In this factory, the company is inter alia engaged in the manufacture of machinery for Sugar Cement, MHE and Boilers. The petitioner in all employs, including management staff, about 1765 employees. The petitioner states that the workmen e
















































































































































































































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