SANTURAM KHUDAI versus KIMATRAI PRINTERS & PROCESSORS (P) LTD. & ORS.

SANTURAM KHUDAI versus KIMATRAI PRINTERS & PROCESSORS (P) LTD. & ORS.

Where a representative union enters appearance as representative of the employees under the Bombay Industrial Relations Act, 1946, individual employees have no right to appear or act in proceedings. New unions or unrecognised unions similarly lack standing unless recognised as representative unions. Mala fides or bona fides of the union are irrelevant; remedy lies in seeking cancellation of union registration through procedure provided in the Act.

Parties
Appellant: Santuram Khudai; Respondent: Kimatrai Printers & Processors (P) Ltd.; Respondent: General Workers' Union, Bhadra, Ahmedabad
Jurisdiction
India
Judgment Date
09 December 1977
Procedural Posture
Civil Appeal / Appeal by Special Leave From Summary Dismissal by High Court
Outcome
appeal dismissed
Legal Topics
Representation of Employees, Collective Bargaining, Appearance in Proceedings, Trade Union Recognition
Labour Law Industrial Law Representation of Employees Collective Bargaining Appearance in Proceedings Trade Union Recognition

Case Brief

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Parties

Santuram Khudai

Appellant

Kimatrai Printers & Processors (P) Ltd.

Respondent

General Workers' Union, Bhadra, Ahmedabad

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Summary Dismissal by High Court

Legal Issues

  1. 1 Right of individual employees to appear or act in proceedings under the Bombay Industrial Relations Act, 1946 where a representative union has entered appearance

Ratio Decidendi

Where a representative union enters appearance as representative of the employees under the Bombay Industrial Relations Act, 1946, individual employees have no right to appear or act in proceedings. New unions or unrecognised unions similarly lack standing unless recognised as representative unions. Mala fides or bona fides of the union are irrelevant; remedy lies in seeking cancellation of union registration through procedure provided in the Act.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed. No order as to costs.