B.R. Gavai, J.

1. Letters Patent Appeal No.397 of 2008 is filed by the Appellant being aggrieved by the judgment and order dated 24th September 2008, passed by the learned Single Judge of this Court in Writ Petition No.8099 of 2007, which was filed by the Respondent No.1 herein, thereby allowing the Writ Petition and remanding the Complaint (ULP) No.534 of 2004 to the learned Industrial Court to decide the same afresh. Letters Patent Appeal No.396 of 2008 is filed by M/s. Wyeth Limited, who was predecessor in interest of the Appellant in Letters Patent Appeal No.397 of 2008.

2. The facts which are not disputed are as under :-

For the sake of convenience, facts in the present case are taken as they appear in Letters Patent No.397 of 2008. At the relevant time, the Respondent No.2 was manufacturing drugs and pharmaceuticals at its Ghatkopar unit. The Respondent No.1 is an union of the employees, who were working on the establishment of the Respondent No.2. An agreement was entered into by the Appellant herein and the Respondent No.2 on 25th June 2004, vide which the Unit N