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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

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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