The Hospital Kamgar Sanghatana Ruby Hall Clinic vs Sunil Bapu Rajput — Bombay HC (2025) — LawSathi Research

The Hospital Kamgar Sanghatana Ruby Hall Clinic vs Sunil Bapu Rajput — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of; impugned Consent Certificate dated 21.3.2024 set aside; covering letter of Shri Ajay Bhosale to be withdrawn and aggrieved individual union members to tender a comprehensive complaint list to the Deputy Registrar, Trade Unions in the prescribed form; Deputy Registrar to follow the Trade Unions Act procedure and, if convinced, issue a consent letter u/s 28(1-A) after hearing all stakeholders, preferably within 45 days; all contentions kept open.

Issue for consideration

Whether the impugned Consent Certificate dated 21.3.2024 should stand set aside. +1 more

Court's answer

The Petition is disposed of in view of the above directions and statement.

Ratio / Principle

The impugned Consent Certificate dated 21.3.2024 stands set aside.

Key takeaways

Direction recorded that the Deputy Registrar, on receiving the grievance letter of the aggrieved workers, would proceed per the Trade Unions Act procedure and, if convinced that a dispute is made out, issue a consent letter u/s 28(1-A) of the Trade Unions Act (per the learned AGP's assurance adopted in the Court's directions).ratio¶25
Direction that the exercise before the Deputy Registrar be done after giving a reasonable opportunity of hearing to all stakeholders and preferably within 45 days; all contentions of the stakeholders are kept open.ratio¶29

Detailed headnote1 paragraphs

Bombay High Court (Ravindra V. Ghuge and Ashwin D. Bhobe, JJ.) disposed of a writ petition by the Hospital Kamgar Sanghatana (recognised union, Ruby Hall Clinic) challenging a Consent Certificate dated 21.3.2024, which stands set aside. Counsel for the individual union members (Respondent Nos. 1 to 14) stated that the covering letter of Shri Ajay Bhosale — neither a member of the Petitioner recognised union nor associated with it under the Trade Unions Act, 1926 — would be withdrawn, and the aggrieved members would tender a comprehensive list of complaints to the Deputy Registrar, Trade Unions in the prescribed form. The Deputy Registrar is to proceed per the Trade Unions Act procedure, assess whether a dispute is made out and, if convinced, issue a consent letter u/s 28(1-A) after giving all stakeholders a reasonable opportunity of hearing, preferably within 45 days; all contentions kept open.

Digitally signed ARUNASANDEEPTALWALKAR by ARUNASANDEEPTALWALKARDate: 2025.05.03 906.WP5325.2025.odt 09:48:20 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 5325 OF 2025

The Hospital Kamgar Sanghatana Ruby Hall Clinic & Ors.. … Petitioner

Versus

Sunil Bapu Rajput & Ors. … Respondents.

Mr. Kiran Bapat, Senior Advocate a/w. Mr. Avinash Joshi, Advocate for the Petitioner.

Mr. A.S. Rao, Advocate for Respondent Nos. 1 to 14.

Mr. S.R. Nargolkar a/w. Ms. Neeta Patil & Mr. Sanket Chandane, Advocate for Respondent No. 15.

Ms. D.S. Deshmukh, AGP for Respondent No. 16/State.

CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE : 30^th APRIL, 2025

P.C. :

This matter was heard for quite some time on 28^th April,

After considering the submissions of the learned Senior Advocate

for the Petitioner, the learned Advocates appearing on behalf of Respondent Nos. 1 to 14 and Respondent No. 15, along with the submissions of the learned AGP, we granted a pass over to the learned

AGP to take instructions.

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906.WP5325.2025.odt

Today, the learned AGP submits that the Deputy Registrar, Trade Unions, Ex-Officio Assistant Commissioner, Labour is on a preapproved leave for 7 days. Hence, the Government Labour Officer is present in the court.

The learned Advocate appearing for the individual members of the Union (Respondent Nos. 1 to 14) submits that the covering letter of Shri Ajay Bhosale, who is neither a member of the Petitioner recognised union, nor associated with it in any way as per the provisions of Trade Unions Act, 1926, would be withdrawn and the aggrieved individual members of the Union would tender a comprehensive list of complaints to the Deputy Registrar, Trade Unions in the form prescribed under the provisions of the Trade Unions Act.

The learned AGP assures that as soon as the Deputy Registrar receives the grievance letter of these workers, she would proceed as per the procedure laid down under the Trade Unions Act and would initiate a hearing on the said complaint. While discharging an administrative function, the officer would assess whether a dispute is made out by the aggrieved members and if convinced, would issue a consent letter u/s 28(1-A) of the Trade Unions Act. This would be done

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906.WP5325.2025.odt

after giving a reasonable opportunity of hearing to all the stakeholders and preferably within 45 days. All contentions of the stakeholders are kept open.

In view of the above directions and statement, t his Petition

is disposed off . Needless to state, the impugned Consent Certificate

dated 21.3.2024 stands set aside.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

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