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
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.