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Hind Kamgar Sanghatana v. Dai Ichi Karkaria Ltd.

Civil Appeal · 2017 INSC 636Decided 18 Jul 2017
Civil Appeal No. 9222 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

This order sends the case back; it does not decide the dispute. The Industrial Tribunal, Pune refused to answer a reference raised by the Hind Kamgar Sanghatana on the ground that it was not a recognised union under Maharashtra law. The union challenged that refusal.

Decision Breakdown

This is not a final decision on the dispute. The Court expressed no opinion on the merits of the recognition and registration issue. It set aside the High Court's judgment and sent the whole question back to the High Court to hear the parties afresh and decide it. It also left open a related dispute over cancellation of registration and a third party's application to be joined.

Lesson Learnt

There is no final ruling yet on whether this union can pursue the industrial reference. The High Court must decide the question afresh.

Official source (sci.gov.in)View Judgment (PDF)

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