This writ appeal challenged an order from Lower Court directed Strides Shasun Limited to conduct union elections under the Code of Discipline. The High Court observed questions of maintainability would be considered separately upon writ petition disposal, and allowed the lower court order to stand pending that.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.02.2017
Coram
The Hon'ble Mr.Justice NOOTY. RAMAMOHANA RAO and The Hon'ble Mr.Justice S.M.SUBRAMANIAM
W.A. No.57 of 2017 and C.M.P.No.921 of 2017
Versus
Appeal filed under Clause 15 of the Letters Patent, against the common order dated 21.12.2016, passed in WMP No.37169 of 2016 in W.P.No.32360 of 2016, by the learned single Judge. Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Amending the writ petition Prayer as Writ of Mandamus, directing the First Respondent to hold elections or to conduct the exercise as per the Code of Discipline in the Petitioner establishment, after giving due notice to the Respondent Unions 2 to 12 and submit its report declaring the Union among the Petitioner Unions which should be recognized by the Petitioner in terms of Criteria for Recognition of Unions in terms of Annexure I to Code of Discipline – instead of the existing
prayer – Writ of Mandamus Directing the 1st respondent to call for the records of the respondents 2 to 12 and hold elections and declare the union which is to be recognized by the petitioner management (In WMP.37169/2016) pending disposal of WP.32360/2016;
JUDGMENT
(Delivered by NOOTY.RAMAMOHANA RAO, J)
While leaving open the question as to whether the Writ Petition would be maintainable, seeking a writ of mandamus to direct the elections to be held for verifying the majority Union in an industry, taking the interests of the workmen into account and consideration, and so as to enable them to have a greater participatory role in bargaining power for securing better conditions of service, we allow the order of the learned single Judge to remain.
2 issues framed by the court
Whether the writ petition challenging the order of the single Judge in a union election case is maintainable. The Court left this question open for independent consideration during disposal of the wri
Whether to allow the lower court order directing the employer to hold elections under the Code of Discipline, prima facie taking the interests of workmen into account.
2 provisions across 2 enactments
Shasun Drugs Worker's Union
Strides Shasun Limited
NOOTY.RAMAMOHANA RAO
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
