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1987 Supreme(Ker) 424

FATHIMA BEEVI
CHEMOSYN (P. ) LTD, – Appellant
Versus
KERALA MEDICAL & SALES REPRESENTATIVES ASSOCIATION – Respondent


Judgment :-

1. The question whether a Trade Union registered under the Indian Trade Unions Act, 1926 is amenable to the writ jurisdiction of the Court falls for decision in this writ petition. The first petitioner is a Private Limited Company carrying on business of manufacturing and marketing pharmaceutical. The second petitioner is a citizen of India having substantive interest in the first petitioner. The third petitioner is the Manager of field operations of the regional office of the Company.

2. The first respondent, Kerala Medical and Sales Representatives' Association is a Trade Union registered under the Indian Trade Unions Act, 1926. Respondents 4 and 5, the medical representatives employed by the first petitioner, are members of the Union. Respondents 4 and 5 who had been deputed for training have in defiance of the instructions entered on leave. Their case has been taken up by the first respondent and thus respondents 1, 4 and 5 had been indulging in acts preventing the third petitioner as well as the Area Field Manager from discharging their function and threatening them with dire consequences if they work. It is, therefore, necessary to direct first respondent to desist














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