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2004 Supreme(Mad) 1701

MARKANDEY KATJU, N.V.BALASUBRAMANIAN
Management of GE Power Controls Private Ltd. – Appellant
Versus
Workmen of GE Power Controls Pvt. Ltd. (represented by GE Employees Welfare Association, thro' its General Secretary) – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: A.L. Somayaji, Adv. for Gupta and Ravi, Advs.
For Respondents/Defendant:V. Prakash, Adv. for P. Chandrasekaran, Adv. and V. Raghupathy, G.P. for Respondent No. 3

JUDGMENT

Markandey Katju, C.J.

1. This writ appeal has been filed against the impugned judgment of the learned single Judge, dated April 26, 2004.

2. Heard the learned counsel for the parties.

3. We have perused the judgment of the learned single Judge and other papers, and are of the opinion that the said judgment cannot be sustained.

4. The writ-petitioner had prayed for a writ of declaration to declare that portion of the notice of the respondents in the writ petition (the present appellants), by which the appellants required its workmen listed in the annexure to it to report at Limbasi, Gujarat to work under the third respondent in the writ petition, namely, G.E. Lighting India Private Ltd., to be illegal and unenforceable. The consequent individual order of transfers issued to the members of the writ-petitioner-union were also challenged.

5. The writ-petitioner is a trade union and the first respondent is a company running a factory at No. 46, SIPCOT Industrial Complex, Hosur, Tamil Nadu, where the members of the petitioners-union were employed. The writ-petitioner alleged that there was wage settlement entered into by the petitioner-union and the first respondent on September 10,
















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