Bombay High Court
SANOFI EMPLOYEES AND ALLIED WORKERS UNION (SEAWU)versusSANOFI CONSUMER HEALTHCARE INDIA LIMITED (SCHIL) AKA OPELLA HEALTHCARE INDIA PRIVATE LIMITED
- Decided
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed because the respondents are a private entity not covered by Article 12, and no fundamental right issue is involved to attract Article 226 jurisdiction.
Summary
The Sanofi Employees and Allied Workers Union (SEAWU) filed a writ petition on behalf of marketing department employees of Sanofi Consumer Healthcare India Ltd., a private pharmaceutical company. The Union sought to represent these employees, arguing they were not covered as ‘workmen’ under Section 2(s) of the Industrial Disputes Act, 1947, and therefore required judicial protection. The Court examined whether the private company could be deemed a ‘State’ under Article 12 of the Constitution, which would permit the petition to be entertained under Article 226. It held that the respondents are a private sector entity and do not fall within the definition of ‘State’, and that no fundamental right issue arose to justify writ jurisdiction. Consequently, the petition was dismissed, with the Court directing the Union to approach a civil court for any appropriate relief.
Issues considered
- Whether a private sector pharmaceutical company qualifies as a ‘State’ under Article 12 of the Constitution for the purpose of invoking Article 226 jurisdiction.
- Whether the petition raises any fundamental rights issue that would warrant intervention by the High Court under its writ jurisdiction.
Legislation cited
- Constitution of India — s. Article 12, Article 226
- Industrial Disputes Act, 1947 — s. 2(s)
Subjects
- Writ jurisdiction
- Article 226
- Article 12
- Industrial Disputes Act
- Private sector employer
- Workman definition
- Trade union
- Civil court
Judgment
Digitally
signed by 912.WP-2651-2026.odt
GAURI GAURI AMIT
GAEKWAD
AMIT Date:
GAEKWAD 2026.08.18
10:28:03 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2651 OF 2026
Sanofi Employees and Allied
Workers Union (SEAWU) ….Petitioner
Versus
Sanofi Consumer Healthcare India
Limited (SCHIL) Aka Opella
Healthcare India Pvt. Ltd. and Anr. ….Respondents
----
Mr. Feroz A. Shaikh a/w. Mr. Shakib Ahmad for the Petitioner.
Mr. Vineet Unnikrishnan a/w. Mr. Sonu Bhasi and Ms. Veena Hari
i/b. Cyril Amarchand Mangaldas for the Respondents.
----
CORAM : RAVINDRA V. GHUGE, ACJ.
&
GAUTAM A. ANKHAD, J.
DATE : 17th AUGUST, 2026
P.C. :-
1. The Petitioner-Union represents persons from the
Marketing Department of the Respondent-Private Sector
Pharmaceutical Company. The Respondents are a private sector
industry and do not fall within the definition of ‘State’ under Article
12 of the Constitution of India. The Union seeks to espouse the
cause of such Employees who do not fall within the definition of
Workman u/s 2(s) of the Industrial Disputes Act, 1947.
Gauri Gaekwad 1 of 2
912.WP-2651-2026.odt
2. There is no issue of fundamental rights involved in this
matter in order to entertain this Petition in the Writ jurisdiction of
this Court under Article 226 of the Constitution of India.
3. In view of the above, this Petition is dismissed.
4. The Petitioner is at liberty to approach the Civil Court
and seek reliefs as are permissible in law.
5. If the Petitioner approaches the Civil Court, all
contentions of all the parties are kept open, and the dismissal of this
Petition would not be an impediment.
(GAUTAM A. ANKHAD, J.) (ACTING CHIEF JUSTICE)
Gauri Gaekwad 2 of 2
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