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2021 Supreme(MP) 760

SUJOY PAUL, ANIL VERMA
SHRAMIK JANTA SANGH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


ORDER SUJOY PAUL, J. : – This intra Court appeal takes exception to the order of learned Single Judge dated 3rd August, 2021 passed in W. P. No. 11885/2021 whereby interference on the notice of voluntary retirement issued by a purely private industry i.e. Century Textile and Industry Ltd. is decided. The writ petition of the trade union was dismissed mainly on the ground of maintainability and availability of alternative remedy under the Industrial Disputes Act, 1947 (ID Act). The appellant union has drawn the attention of this bench on the chequered history of litigation between the union and the respondent employer and urged that in previous round, the transfer agreement between present respondents and Wearit Global Limited has been found to be sham/bogus and, therefore, certain reliefs were granted to the union/workmen which were not interfered with by this Court and the Supreme Court.

2. To elaborate, Shri Sanjay Parikh, learned Sr. Counsel for appellants submits that the present respondents prepared a sham transaction agreement with Wearit Global Ltd. which became subject-matter of an industrial dispute raised u/S.10 of ID Act. The reference order was unsuccessfully challenged

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