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2000 Supreme(HP) 118

C.K.THAKKER, LOKESHWAR SINGH PANTA
SAMTEL WORKERS UNION (BMS) – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
Mr. Subhash Sharrna, Advocate, for the Petitioner(s); Mr. Sanjay Karol, Advocate General, alongwith Mr. M.L. Chauhan, Dy. Advocate General, for respondents No. 1 and 2. Mr. Shrawan Dogra, Advocate, for respondent No. 3.

JUDGMENT

C.K. Thakker, C.J.—This petition is filed by Samtel Workers Union (BMS)? Parwanoo ("Union", for short), through its Secretary, for an appropriate writ, direction or order quashing and setting aside Certified Standing Orders, if any, of M/s Samtel India Limited, Solan, respondent No. 3 herein ("Company", for short). A prayer is also made to direct respondent No. 3- Company to submit draft Standing Orders in accordance with the provisions of the Industrial Employment (Standing Orders) Act, 1946 (hereinafter referred to as the Act) and the Industrial Employment (Standing Orders) Himachal Pradesh Rules, 1973 (hereinafter referred to as the Rules). A further prayer is made restraining the third respondent Company from implementing or giving effect to orders passed by it on the basis of unlawful Standing Orders and by restoring the rights of the members of the petitioner- Union declaring the action taken by the Company as illegal, unlawful and ultra vires.

2. The case of the petitioner is that it is a Union duly registered on May 25, 1998 under the Trade Unions Act, 1926. It was alleged that without observing the provisions of the Industrial Disputes Act, 1947, an illegal lock out



































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