A writ petition challenging an Industrial Court order dismissing a trade union's complaint was disposed of. The Court directed fresh elections for union office bearers to be held shortly.
Elections for union office bearers to be held by 30 September 2016 under Court supervision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE
WRIT PETITION NO.1763 OF 2016
The Indian Hotel Company Employees' Union, Taj Mahal Hotel
… Petitioner
Versus
The Indian Hotel Company Ltd. And Others … Respondents
Mr. S.C. Naidu a/w Mr. T.R. Yadav, Mr. Aniketh Poojari i/b Mr. T.R. Yadav for the Petitioner.
Mr. K.M. Naik, Senior Advocate a/w Mr. Avinash K. Jalisatgi for Respondent Nos.1 to 3.
Mr. J.P. Cama, Senior Advocate a/w Mr. R.S. Pai, Mr. Anand Pai and Mr. Anshuman Sugla i/b M/s Sanjay Udeshi & Co., for Respondent No.4 to 10.
CORAM : S.C.GUPTE, J.
DATE : 1 AUGUST 2016.
P.C. :
2 This Petition challenges an order passed by the Industrial Court at Mumbai, in a complaint of unfair labour practice by the Petitioner-Union. The dispute between the parties in the present Petition concerns, primarily, the locus of the then General Secretary of the Union and his team to file the present complaint. The Industrial Court has held that the then General Secretary and his team had no locus to file the present complaint.
3 Mr. Cama, learned Counsel for Respondent Nos.4 to 10, who are the present office bearers of the Petitioner-Union, states that in any event, his client proposes to hold fresh elections to the posts of office bearers of the Petitioner-Union before the end of two months from today. In view of this
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statement, which is accepted by the Court, Mr. Naidu, learned Counsel for the Petitioner-Union, does not press this Petition. The Petition is accordingly disposed of in terms of the following order.
: O R D E R :
Union shall be held on or before 30 September 2016;
(S.C.GUPTE, J.)
1 issue framed by the court
Whether a writ petition challenging the Industrial Court's dismissal of a trade union's complaint should be allowed when fresh elections are imminent.
The Indian Hotel Company Employees' Union, Taj Mahal Hotel
The Indian Hotel Company Ltd. And Others
S.C. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
