Amrutnagar Sahakari S.K. Union vs Rashtriya Sakhar Kamgar Union & Ors
- CitationAIRONLINE 2007 SC 200
Ratio decidendi
The rule this decision rests on
Under the relevant provisions of the Act and rules framed therein, two representatives of a recognized union are entitled to attend the meetings of the Board of Directors and to function on the Board, such entitlement being subject to the final decision of the substantive writ petition on the merits.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
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:-
The 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 till the completion of the terms of the existing Board of Directors, whichever is earliest 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.
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 directions are necessary.
5. The special leave petitions are accordingly disposed of.
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