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2007 Supreme(Guj) 48

B.J.SHETHNA, H.B.ANTANI
TEXTILES LABOUR UNION, NADIAD THROUGH AUTHORISED REPRESENTATIVE – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared: A.S.VAKIL, B.P.GUPTA, S.B.VAKIL, Y.N.OZA

B. J. SHETHNA, J.

( 1 ) THE petitioner " Textile Labour Union has filed this petition under Articles 226 and 227 of the Constitution of India and challenged the impugned order dated 22-06-2005 (Annexure-L) passed by the Appellate Authority for Industrial and Financial Reconstruction, New Delhi (for short, "aaifr") as well as the impugned order dated 30-10-2002 (Annexure-A) passed by the Board for Industrial and Financial Reconstruction, New Delhi (for short, "bifr"), and prayed that respondent No. 2 " Mafatlal Industries Limited be directed to pay salary to the members of the petitioner " Union on the basis of current D. A. as applicable to the industry and respondent No. 2 be further directed to pay the difference of salary wef 30-11-2002 on the basis of prevalent D. A. index. Thereafter, by way of an amendment, prayer clause 12 (BB) was amended in the petition with the permission of the Court, which reads as under:

"12 (BB) Your Lordships may be pleased to issue a writ of certiorary or writ of mandamus or a writ in the nature of mandamus or any other appropriate writ or direction quashing and setting aside the order dated 22-6-05 passed by AAIFR. "

( 2 ) IT appears that there is a












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