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2024 Supreme(Bom) 321

MILIND N. JADHAV
General Motors Employees Union – Appellant
Versus
General Motors India Private Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sanjay Singhvi, Sr. Adv. a/w. Mr. Rahul Kamerkar and Brazillia Vaz.
For the Respondent: Mr. J.P. Cama, Sr. Adv. a/w. Mr. Zubin Behramkamdin, Sr. Adv. a/w. R.N. Shah, Mr. Vijay Purohit, Mr. Ravish Kumar and Mr. Faizan M. Mithaiwala i/by P & A Law Office.

JUDGMENT :

1. Both these Writ Petitions are disposed of by the following common Judgment.

2. Writ Petition No.7992 of 2023 is filed by the Petitioner - General Motors Employees Union (for short ‘the Union’ hereinafter) to challenge the order dated 28.04.2023 passed below Exhibit “U-25” in Reference (IT) No.15 of 2021. This Application was filed during the pendency of Reference before the Industrial Tribunal.

3. General Motors India Private Limited is nomenclatured as ‘first party’ before the Tribunal in the Reference whereas the Union is nomenclatured as ‘second party’. They shall be referred to as “Company” and “Union” in this judgment for convenience. It was contended by the Union in the Application filed below Exhibit “U-25” that the Company has filed statutory Application for closing down of the Company under Section 25-O of the Industrial Disputes Act, 1947 (for short ‘the said Act’) on 20.11.2020, intending to close down the Company with effect from 20.04.2021. It is further stated that the Government after hearing both parties by order dated 18.01.2021, refused to grant permi

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