Keihin Fie Employees Union v. The State Of Maharashtra And ORS

902-ASWPST25443-19.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 25443 OF 2019 Keihin Fie Employees Union

...Petitioner

Versus

The State of Maharahstra & Ors

...Respondents

Mr Ashish Vilasrao Sonawane, for the Petitioner. Mr PP Kakade, GP, with Mrs AA Purav, AGP, for Respondent No. 1State.

Mr Pradeep Rajgopal, for Respondent No. 2.

CORAM: S. C. Dharmadhikari & G. S. Patel, JJ.

DATED: 10th October 2019 PC:- 1.

The cause of action in this writ petition is not against the Election Commission of India or the Chief Electoral Ofcer of the State. It is essentially against respondent No. 6 company who is refusing to abide by a settlement allegedly entered into with the employees / workmen who are members of the petitioner union. 2.

In the writ jurisdiction neither we can enforce the settlement nor prevent the company from committing any act allegedly contrary thereto. If this is an industrial dispute, it must be resolved 10th October 2019

902-ASWPST25443-19.DOC in terms of the provisions of the Industrial Disputes Act 1947. If it is unfair labour practice and the State Legislation, namely, Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act 1971 is applied, even then there are adequate remedies as forums have been set up to approach them for redressal of all grievances.

3.

The writ petition is entirely misconceived and is dismissed. (S. C. Dharmadhikari, J) (G. S. Patel, J) 10th October 2019