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Bombay High Court

The General Manager, The Best UndertakingversusThe General Seceretray Best Worker Union

Decided
Disposal
Disposed Off

Holding

The interim application is disposed of without any substantive order.

Summary

The General Manager of The Best Undertaking filed an interim application under the liberty granted in a prior order dated 2 November 2023. The application sought directions on the conduct of the membership drive for the year 2026-27 and the allocation of duties between the Traffic and Engineering Departments as per the ratios determined by the major unions. The court noted that the ratios for the Traffic Department would follow paragraph 3 of the additional affidavit, while the Engineering Department would continue under the system set out in paragraph 9 of the affidavit filed by the petitioner union on 17 August 2026. The court also directed the Industrial Tribunal to decide the reference within four months and to inform the court thereafter. Finally, the court disposed of the interim application without further order.

Issues considered

  • Whether the interim application seeking directions on the membership drive and departmental duty allocation should be entertained

Subjects

  • interim application
  • industrial tribunal
  • membership drive
  • labour union
  • allocation of duties
  • high court

Judgment

Vaishnavi                                                       903-IA-6326-2026


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION
                  INTERIM APPLICATION NO. 6326 OF 2026
                                            IN
                      WRIT PETITION NO. 300 OF 2017

The General Manager, The                   Best
Undertaking                                                   ...Applicant
In the matter between:
The General Secretary, The                 Best
Workers union                                                 ...Petitioner

                      V/s.

The General          Manager,     The      Best
Undertaking                                                  ...Respondent
                                   ________________
Mr. Vishal Talsania with Ms. Heena Shaikh i/b M. V. Kini and Co., for
Applicant.
Ms. Neeta Karnik, Senior Advocate i/b Mr. Piyush Todkar, for Respondent.
                                   ________________


                                               CORAM: SANDEEP V. MARNE, J.

                                               DATED: 21 AUGUST 2026


P.C.:


1)          The Interim Application is +led in terms of the liberty granted in
paragraph 2.10 of the order dated 2 November 2023. It is submitted by
Mr.     Talsania,    the     learned    counsel         appearing   for   Respondent-
Undertaking, that the process conducting the membership deive is now


                                       Page No.1 of 2
                                       21 August 2026
Vaishnavi                                                  903-IA-6326-2026


over and for the year 2026-2027, the ratio inter se between the major
unions has been determined as indicated in paragraph 3 the additional
af+davit. Accordingly, in respect of Traf+c Department, the percentage as
determined in paragraph 3 of the additional af+davit shall be applied for
the purpose of distribution of duties in the Traf+c Department. So far as,
Engineering Department is concerned, the system indicated in paragraph
9 of the af+davit +led on behalf of Petitioner-Union on 17 August 2026
shall continue. The Industrial Tribunal shall proceed to decide the
Reference as expeditiously as possible preferably within a period of 4
months from today. Parties to move this Court once the Reference is
decided by the Industrial Tribunal.


2)          The Interim Application is disposed of.




                                                     [SANDEEP V. MARNE, J.]




                                    Page No.2 of 2
                                    21 August 2026


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