Case Note & Summary
The petitioner, All India Siemens Employees Union, a trade union registered under the Trade Unions Act, 1926, filed a writ petition in 2006 challenging the recognition of the Siemens Workers Union (Respondent No.1) under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act). The petition was admitted on 5th April 2006, and rule was issued. However, no interim relief was granted. Over the years, the petitioner union merged with another union and ceased to exist. When the matter was taken up for final hearing on 26th September 2025, the court noted that the petitioner union no longer existed and that no interim relief had been granted during the pendency of the petition. The court observed that the petition had become infructuous due to the merger and the lapse of time. Consequently, the court dismissed the petition as infructuous, with no order as to costs.
Headnote
A) Trade Union Law - Recognition of Trade Union - Merger of Petitioner Union - Writ Petition becomes infructuous - The petitioner union, All India Siemens Employees Union, challenged the recognition of Respondent No.1 union under the MRTU & PULP Act, 1971. During pendency, the petitioner union merged with another union and ceased to exist. No interim relief was granted. The court held that the petition has become infructuous and dismissed it. (Paras 1-4)
Issue of Consideration
Whether a writ petition challenging the recognition of a trade union under the MRTU & PULP Act, 1971 survives when the petitioner union has merged with another union and no interim relief was granted.
Final Decision
The writ petition is dismissed as infructuous. No order as to costs.
Law Points
- Writ petition becomes infructuous if the petitioner union ceases to exist due to merger
- and no interim relief was granted during pendency.
Case Details
2025 LawText (BOM) (09) 147
Writ Petition No. 2271 of 2006
Ravindra V. Ghuge, Ashwin D. Bhobe
None for the Petitioner, Ms. Suvarna Joshi a/w Mr. Ritik Gupta for Respondent No.1, Mr. Sushant Anaokar i/by Mr. P.N. Anaokar for Respondent No.2
All India Siemens Employees Union
Siemens Workers Union, Siemens Ltd.
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Nature of Litigation
Writ petition challenging recognition of a trade union under the MRTU & PULP Act, 1971.
Remedy Sought
The petitioner union sought to challenge the recognition of Respondent No.1 union.
Filing Reason
The petitioner union alleged that Respondent No.1 union was wrongly recognized.
Previous Decisions
The petition was admitted on 5th April 2006, and rule was issued. No interim relief was granted.
Issues
Whether the writ petition survives when the petitioner union has merged with another union and ceased to exist.
Submissions/Arguments
Ratio Decidendi
A writ petition challenging recognition of a trade union becomes infructuous if the petitioner union ceases to exist due to merger and no interim relief was granted during the pendency of the petition.
Judgment Excerpts
This matter was admitted by an order dated 5th April, 2006, which reads as under :- '1. Rule. Place the matter for interim relief after notices are served.'
On 20th September, 2025, when the matter was called out, none appeared for the Petitioner.
We have heard the learned Advocates for the Respondents.
In the light of the above, this petition is dismissed as having become infructuous.
Procedural History
The writ petition was filed in 2006, admitted on 5th April 2006, and rule was issued. No interim relief was granted. The matter was listed for final hearing on 20th September 2025, when none appeared for the petitioner. On 26th September 2025, the court dismissed the petition as infructuous.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971:
- Trade Unions Act, 1926:
