Amrutnagar
Sahakari S.K. Union Vs. Rashtriya Sakhar Kamgar Union & Ors [2007] Insc 1109
(2 November 2007)
Tarun
Chatterjee & Dalveer Bhandari
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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