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2019 Supreme(MP) 832

VISHAL MISHRA
S. R. F. LTD. – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
For Appellant : Kuldeep Bhargava
For Respondent: Anand Baradwaj, K. N. Gupta, R. S. Dhakad

ORDER : – Present petition has been preferred by the petitioner under Article 226/227 of the Constitution of India seeking quashment of order dated 17-2-2017 (Annexure P/1) whereby Deputy Labour Commissioner (Office of Labour Commissioner), Government of Madhya Pradesh has referred the matter for adjudication to industrial Court, Madhya Pradesh under the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act of 1947”).

2. It is alleged that respondent No. 2 has approached the Conciliation Officer for demanding claims showing themselves to be representing the employees of the petitioner’s factory. It is alleged that respondent No. 2 is having on locus standi or competency to file the aforesaid proceedings as it is neither registered as a Trade Union in the State of Madhya Pradesh nor represents the employees of the petitioner. The employee of the petitioner are represented by a Union namely SRF Karamchari Evam Shramik Sangh who has been entering into long term wage settlement with the petitioner since in the year 2007. The Registrar of Trade Union vide its communication dated 16th June, 2016 has rejected the request of the respondent No. 2 to register as Trade Union. Des

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