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2025 Supreme(Bom) 1852

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
BEST Workers Union – Appellant
Versus
BEST Undertaking – Respondent


Advocates Appeared:
For the Appellant :Ms. Neeta Karnik, Senior Advocate with Mr. Aniket Gole, Ms. Harshada Kshirsagar, and Mr. Piyrsh Todkar
For the Respondent:Ms. Gayatri Singh, Senior Advocate I/by Mr. Shailesh S. Pathak

JUDGMENTS :

AMIT BORKAR, J.

1. Both the writ petitions challenge the same Judgment and Order and, therefore, are being decided by this common Judgment. For the sake of convenience, Writ Petition No.1457 of 2015 is treated as lead petition, and the facts of the said petition are taken as the basis for narration.

2. The petitioner in Writ Petition No.1457 of 2025-Union, being aggrieved by the impugned order dated 27 January 2015 passed by the Industrial Court, has instituted the present writ petition, calling in question the legality and propriety of the said order, whereby an unrecognised Union has been permitted to prosecute a dispute of a collective nature.

3. Relevant facts narrated by the petitioner are as under. The petitioner is the BEST Workers Union. It is a trade union duly registered under the Trade Unions Act, 1926. The petitioner Union is also recognised and registered as the Representative and Approved Union for the Transport Industry and the Common Administration Departments of the BEST Undertaking, which is respondent No. 1. Respondent No. 1 is the Brihanmumbai Electric Supply and Transport Undertaking. Respondent No. 2 is a trade union known as BEST Jagrut Kamgar Sanghat

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