07 September 2010
Supreme Court
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M/S. I.G.PETROCHEMICALS LTD Vs STATE OF MAHARASTHRA .

Bench: HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,
Case number: C.A. No.-008231-008231 / 2010
Diary number: 32118 / 2007
Advocates: UMESH KUMAR KHAITAN Vs JYOTI MENDIRATTA


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 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.  8231  OF 2010 [ARISING OUT OF SLP © NO. 2381 OF 2008]

 M/S IG PETROCHEMICALS LTD. & ANR.  ..... APPELLANTS

VERSUS

THE STATE OF MAHARASHTRA & ORS.   ..... RESPONDENTS

O R D E R

Leave granted.

We have heard the learned counsel for the parties.

Mr. Dipankar P. Gupta,  the learned Senior Counsel  

for the appellants has pointed out that certain amendments  

made to the constitution of the Trade Union are violative  

of the Trade Union Act, 1926 and several other Acts as well  

and  as  such  the  Management  has  the  locus  standi  to  

intervene in the matter as the said amendments have a deep  

effect on the Management.  We find some merit in the stand  

taken by the learned Counsel.  We are also of the opinion  

that a decision on merits is also required in the matter.   

Mr. Colin Gonsalves for the respondents has, however,  

submitted that the proceedings against the workmen should  

be allowed to continue as per the present state of affairs.

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We, however,  leave it open to the High Court to pass such  

interim  orders  as  it  may  deem  fit  and  proper  in  the  

circumstances.  We, accordingly, allow this appeal and set  

aside the order of 26th July, 2007 of the Division Bench of  

the  High  Court.   We  also  direct  the  parties  to  appear  

before the Registrar General , High Court of Judicature at  

Bombay on 7th October, 2010.  We also request the High Court  

to dispose of the matter as expeditiously as possible as  

the rights of workmen are involved and the dispute has been  

pending since long.

       ........................J      [HARJIT SINGH BEDI]

    ........................J      [CHANDRAMAULI KR. PRASAD]

NEW DELHI SEPTEMBER 07, 2010.