02 November 2007
Supreme Court
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AMRUTNAGAR SAHAKARI S.K.UNION Vs RASHTRIYA SAKHAR KAMGAR UNION .

Case number: SLP(C) No.-015265-015266 / 2007
Diary number: 24267 / 2007
Advocates: RAMESHWAR PRASAD GOYAL Vs VENKATESWARA RAO ANUMOLU


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CASE NO.: Special Leave Petition (civil)  15265-15266 of 2007

PETITIONER: Amrutnagar Sahakari S.K. Union

RESPONDENT: Rashtriya Sakhar Kamgar Union & Ors

DATE OF JUDGMENT: 02/11/2007

BENCH: Tarun Chatterjee & Dalveer Bhandari

JUDGMENT: JUDGMENT                  O R D E R SPECIAL LEAVE PETITION (C) NOS. 15265-15266/2007

1.      The respondent, Rashtriya Sakhar Kamgar Union has  filed a writ petition before the High Court of judicature of  Bombay, Bench at Aurangabad.  The Court after hearing  counsel passed an interim order in the writ petition. The  petitioner aggrieved by the said order filed a Letters Patent  Appeal No.94 of 2007 before the Division Bench of the High  Court.  The Division Bench passed the following order:- \023The order passed by the learned Single  Judge as reflected in para 7 of the  impugned order to the extent of bracketed  portion in red ink \026 \023till the completion of  the terms of the existing Board of  Directors, whichever is earliest\024 would  stand stayed.  The parties are at liberty to  move the learned Single Judge for grant of  early date of hearing.  We may further  clarify that the order directing Respondent  No.5 to accept two nominees namely Kisan  Nivruti Chatter and Laxman Baburao  Warpe on the Board of Directors of the  Karkhana till the disposal of the writ  petition is not stayed.\024

2.      The petitioner, Amrutnagar Sahakari S.K. Union  aggrieved by the said judgment has filed a special leave  petition against the said order.

3.      We have heard learned counsel for the parties.   According to the relevant provisions of the Act and rules  framed therein, the two representatives of the recognized  Union can attend the meetings of the Board and they would  be entitled to function on the Board of Directors.  This order  is subject to the final decision of the writ petition.

4.      In the facts of this case and in the interest of justice,  we deem it appropriate to request the Bombay High Court,  Aurangabad Bench to dispose of the writ petition filed by  the respondent, Rashtriya Sakhar Kamgar Union & Ors.   pending before the learned Single Judge be decided as   expeditiously as possible and in any event, within four  months from the date of the receipt of the order.  No further

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directions are necessary.

5.      The special leave petitions are accordingly disposed of.