SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2004 Supreme(Mad) 1678

MARKANDEY KATJU, N.V.BALASUBRAMANIAN
Indian Additives Limited, Chennai – Appellant
Versus
Indian Additives Employees Union (Regd. No. 2229/Mds), Rep. By Its General Secretary Chennai and Another – Respondent


Advocates Appeared:R. Jayaprakash, R. Viduthalai, Advocates.

Judgment :-

MARKANDEY KATJU, J.

This writ appeal is preferred against the interim order dated October 5, 2004 passed by the learned single judge in the writ petition filed by the first respondent herein. By the impugned order, the learned single judge has modified the order of interim stay and directed the listing of the writ petition for final hearing. Aggrieved, the second respondent in the writ petition has preferred this appeal. With the consent of both parties, the writ petition is directed to be tagged along with the appeal for final hearing and disposal.

Heard the learned counsel appearing on either side. It appears that the first respondent Union has filed the writ petition against the appellant, alleging violation of the provisions of Section 9-A of the Industrial Disputes Act, 1947 (in short 'the I. D. Act') while altering the service conditions of its members. It is well-settled principle that when the dispute relates to the enforcement of a right or an obligation created under the Act, then the only remedy available to the claimant is to get adjudication under that Act. In the present case, the grievance of the first respondent is that the provisions of Section 9-A of the














Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top