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CASE NO.: Appeal (civil)  3936 of 2001

PETITIONER: MAHARASHTRA GENERAL KAMGAR UNION

RESPONDENT: INDIAN GUM INDUSTRIES LTD

DATE OF JUDGMENT: 30/01/2008

BENCH: H.S. BEDI & AFTAB ALAM

JUDGMENT: JUDGMENT O R D E R

CIVIL APPEAL NO(s). 3936 OF 2001

       Heard learned counsel for the parties.         At the very outset Ms. Indu Malhotra, learned Senior Counsel for the  respondent points out that after the  decision of the Division Bench of the High  Court dated 23rd January, 2001, all the workmen had arrived at settlements with the  respondent-employer and taken their dues and given affidavits that they had no  further claims against the respondent.  She has thus urged that in the light of this  fact which has also been brought on record the present appeal has become  infructuous.   Mr. Colin Gonsalves, learned Senior Counsel appearing for the  appellant-Maharashtra General  Kamgar  Union,  has  however pointed out that the  issue raised in the present appeal is one of the general importance  and  as  the   impugned  judgment  was being followed by all subordinate courts in Maharashtra,  it  would  be  appropriate  that the matter be decided here.   

::2:: He has pointed out that the question posed i.e.  "Whether for the purposes of  computing the number of workmen while applying sub-section (1) of Section 25-K  of the Industrial Disputes Act, 1947 contractors workmen, mathadi workers and  workmen of other industrial establishments are liable to be included?" was of  significance and brooked no delay.

       We are of the opinion that in the light of the compromise arrived at  between the parties, the present matter does not survive but we do find that the  matter is of general importance, which will ultimately have to be resolved in some  other case.  We accordingly dispose of the appeal and leave the question open to be  decided in an appropriate matter.  There will be no order as to costs.