SC quashes FEFKA’s petition against lifting ban on director Vinayan
New Delhi: Supreme Court dismissed the petitions moved by FEFKA and other two associations against lifting the ban on director Vinayan. A bench headed by justice Rohinton Nariman observed that the facts in the case favour the director.
Apart from FEFKA, FEFKA directors’ union and FEFKA production executive union had filed petitions before the apex court.
Advocates K Parameswar, Sibi Jose and Abid Ali Beeran, who appeared for the associations argued that the Competition Commission of India would not intervene in the issue as A.M.M.A and FEFKA are trade union organisations. Meanwhile, the court asserted that though there are discrepancies between Trade Unions Act and Competition Act, it will not consider the petitions.
Lifting the ban on director Vinayan, the Competition Commission of India had imposed fines of Rs 4,00,065 on A.M.M.A, Rs 85,594 on FEFKA, Rs 3,86,354 on FEFKA directors’ union and Rs 56,661 on production executive union in 2017. A fine was imposed on Edavela Babu, Innocent, Sibi Malayil, B Unnikrishnan and K Mohanan. In 2020, the National Company Law Appellate Tribunal also upheld this penalty.
With the SC verdict, the organisations will be forced to pay the fine as compensation to director Vinayan. Advocate Harshad Hameed appeared for Vinayan in the Supreme Court.