Wednesday 6 May 2015

At the time of merger between two multinational companies, can the union insist upon the company to handover copy of the said merger agreement?

This is also one of the debatable question and to discuss on this issue, it can say that based on the proportion of decision High Court of Mumbai, even under the process governing civil litigation, discovery and inspection of documents is for assisting the Court to arrive at the truth. 

The principles of civil law have been accepted in relation to the working of Tribunals as well. Existence of confidential documents in any industrial undertaking would create problems more sensitive than in an ordinary civil litigation where it could be one seeking repayment of money or recovery of an item of immovable property. 

The information which enables employee’s representatives to obtain the truth and fair view of the performance of the entity and helps the Union protecting interests of the workmen employed, cannot withheld from the Court on the ground of confidentiality.

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Hope this small write up will give insight about pertained subject.


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