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2019 Supreme(Bom) 301

A.A.SAYED, SHALINI PHANSALKAR JOSHI
National Institute of Industrial Engineering – Appellant
Versus
Nitie Employees Union – Respondent


Advocates Appeared:
Rahul Nerlekar, Amreen Shaikh, A.M. Nathani, Tanu Mehta Tiwari, Ashok D. Shetty.

JUDGMENT :

A.A. Sayed, J.

1. By this Petition filed under Article 226 of the Constitution, the Petitioner has impugned the judgment and order dated 28.06.2002 passed by the Industrial Court, Mumbai. By that order, the Application (MRTU) No. 5/2000 filed by the Respondent No. 1-Union for registration as a recognized union under Section 11 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short "MRTU & PULP Act") came to be allowed and the Respondent No. 1-Union was permitted to function as recognized union with the Petitioner within the jurisdiction of the Industrial Court, Mumbai. The Industrial Court held that the appropriate Government in relation to the Petitioner is the State Government and therefore the Application of the Respondent No. 1-Union was maintainable.

2. The principal issue involved in the Petition is whether the 'appropriate Government' as defined under section 2(a) of the Industrial Disputes Act, 1947 in relation to an industrial dispute concerning the Petitioner is the Central Government or the State Govern



































































































































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