Arun Gawli’s union seeks to debar 4 lawyers
Akhil Bharatiya Kamgar Sena, a labour union led by gangster-turned-politician Arun Gawli, has moved the high court seeking stern action against four lawyers for allegedly obtaining favorable orders from three courts on the basis of non-existent rules, which they tried to pass off as being part of the Standard Code Rules.mumbai Updated: Aug 23, 2010 00:50 IST
Akhil Bharatiya Kamgar Sena, a labour union led by gangster-turned-politician Arun Gawli, has moved the high court seeking stern action against four lawyers for allegedly obtaining favorable orders from three courts on the basis of non-existent rules, which they tried to pass off as being part of the Standard Code Rules.
The Standard Code Rules govern service conditions of employees, working in recognised educational institutes.
The issue pertains to the transfer of two employees from Anjuman-e-Islam’s (AI) MHSS College of Engineering at Byculla. In December 2008, the institution had transferred the employees, Mohammed Aslam Shaikh and Zafar Mulla from its Byculla campus to some other institution of the organisation in Navi Mumbai.
The labour union had challenged the transfer orders in the Industrial court saying the employees were being victimised because they took initiative in forming a labour union in the institution. The court granted them interim relief and stayed their transfers on December 31, 2008.
AI challenged the order in the high court. The lawyers for the institution, P. Shetty, Vishwajeet Sawant, N.R. Patankar and Senior Counsel J. P. Cama, who argued the matter, relied on the Standard Code Rules, 1998.
In 2009, Justice D. Y. Chandrachud set aside the industrial court’s interim order considering the provisions of the Standard Code Rules, 1998. The union then appealed before a division bench where the single judge’s view was confirmed.
The industrial court too dismissed the union’s plea relying on the said Standard Code Rules, 1998. Some union office bearers got information about the rules under the Right to Information Act, which revealed that the Standard Code Rules, 1998 never existed.
The union has moved high court again through their lawyer, V. P. Patil, seeking revocation of licences of the four lawyers who represented AI, apart from the orders to quash the final order of the industrial court.
“The lawyers have misled this court and obtained favourable orders,” says the petition. “As such they are guilty of professional misconduct and deserve to be dealt with sternly.”
The petition is likely to come up for hearing on Monday.