Dismissed

M/S. All India Manufacturers Organisation and Anr. v. General Kamgar Union (Red Flag) and Anr.

Bombay HC11 Jul 2005WP/1699/2005

Case brief

AI extract

What is this about?

The petitioners sought writ jurisdiction regarding an alleged illegal strike. The sole ground was a pending Labour Court reference on strike illegality not raised initially. The judge dismissed the petition as the order was interlocutory and the issue was barred.

What did the court decide?

The writ petition was rejected and dismissed without interference with the interlocutory order of the Labour Court.

M/S. All India Manufacturers Organisation and… — Labour and Industrial Disputes | Bombay HC (2005)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO.1699 OF 2005

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M/s All India Manufacturers Orgn.& anr..Petrs

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vs

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General Kamgar Union (Red Flag) & anr. Respts

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Mr.K.S.Bapat for Petrs.

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None for Respts

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CORAM : D.G. KARNIK, J
DATED : 11th July 2005.

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P.C.

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1. Heard learned counsel for the petitioners. The
only ground which has been urged in support of the
petition is that the workmen are on illegal strike
and a reference as to the illegality of the strike
is pending before the Labour Court which has not
been considered by the Labour Court. I have
perused the reply to the application filed by the
petitioner before the Labour Court. In reply no

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contention was raised that a reference for
determining the illegality of the strike was
pending. In the circumstances, the Labour Court
had no occasion to consider the issue which was not
raised. Learned counsel for the petitioners state
that subsequently a review petition was filed in
which this contention was specifically raised.
This contention could have been raised by the
petitioners initially and there is no reason to
permit the respondents to raise this contention by
means of the review petition. This is all the more
so because the order is not final but, it is an
interlocutory order. The petitioners can raise the
contention at the time of the final hearing of the
petition. No interference is called for in the
interlocutory order. Hence, petition rejected.

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D.G.KARNIK, J

M/S. All India Manufacturers Organisation and Anr. v. General Kamgar Union (Red Flag) and Anr.

Case brief

What is this about?

What did the court decide?

M/S. All India Manufacturers Organisation and Anr. v. General Kamgar Union (Red Flag) and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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