CASE NO.: Appeal (civil) 3936 of 2001 PETITIONER: MAHARASHTRA GENERAL KAMGAR UNION RESPONDENT: INDIAN GUM INDUSTRIES LTD DATE OF JUDGMENT: 30/01/2008 BENCH: H.S. BEDI & AFTAB ALAM JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO(s). 3936 OF 2001
Heard learned counsel for the parties.
At the very outset Ms. Indu Malhotra, learned Senior Counsel for the
respondent points out that after the decision of the Division Bench of the High
Court dated 23rd January, 2001, all the workmen had arrived at settlements with the
respondent-employer and taken their dues and given affidavits that they had no
further claims against the respondent. She has thus urged that in the light of this
fact which has also been brought on record the present appeal has become
infructuous. Mr. Colin Gonsalves, learned Senior Counsel appearing for the
appellant-Maharashtra General Kamgar Union, has however pointed out that the
issue raised in the present appeal is one of the general importance and as the
impugned judgment was being followed by all subordinate courts in Maharashtra,
it would be appropriate that the matter be decided here.
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He has pointed out that the question posed i.e. “Whether for the purposes of
computing the number of workmen while applying sub-section (1) of Section 25-K
of the Industrial Disputes Act, 1947 contractors workmen, mathadi workers and
workmen of other industrial establishments are liable to be included?” was of
significance and brooked no delay.
We are of the opinion that in the light of the compromise arrived at
between the parties, the present matter does not survive but we do find that the
matter is of general importance, which will ultimately have to be resolved in some
other case. We accordingly dispose of the appeal and leave the question open to be
decided in an appropriate matter. There will be no order as to costs.