GLAXOSMITHKLINE PHARMACEUTICALS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Mishra, learned advocate appears on behalf of petitioners (management).Mr.Ghochhayat, learned advocate,Central Government Counsel appears on behalf of Union of India and Mr. Patnaik, learned advocate for opposite party no.3 (workman).

(2.) Mr. Mishra submits, challenge of his clients in the writ petition is regarding vires of sub-sec. (4) in Sec. 36, Industrial Disputes Act, 1947. There was earlier writ petition involving his clients and the workman. Being aggrieved by order made in the writ petition, his clients had preferred Special Leave Petition S.L.P. (C) CC no.568 of 2017. His clients had also invoked writ jurisdiction of the Supreme Court by Writ Petition (s) (Civil) no.28 of 2017 urging the vires challenge. By common order dtd. 31/1/2017 the writ petition was allowed to be withdrawn with liberty to approach the High Court. The Special Leave Petition was dismissed. We appreciate the submission to be that only vires challenge can be urged by petitioners on having moved this Court pursuant to the liberty granted. This is because the Special Leave Petition challenging correctness of the order passed in the writ petition, stood dismissed.

(3.) Between Mr. Mishra and Mr. Patnaik several orders/ judgments have been relied upon. They are as follows:-