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2005 Supreme(SC) 661

S.H.KAPADIA, ARIJIT PASAYAT
S. V. Tank And Vessel Private LTD. – Appellant
Versus
Engineering Workers Association – Respondent


Judgment

Arijit Pasayat, J.—Leave granted.

2. The appellant (hereinafter referred to as the ‘Employer’) calls in question legality of the judgment rendered by a Division Bench of the Bombay High Court directing it to furnish security/bank guarantee of a Nationalised Bank to the extent of 50% of the amount of wages as per the calculation to be made on the basis of the order passed by the Industrial Court, Maharashtra at Thane.

3. The background facts as projected by the appellant are as follows:-

The employer retrenched 33 employees after giving notice of retrenchment alongwith cheques covering the notice pay and retrenchment compensation. Some of the workers refused to accept the same. On account of financial stringency and reduction of work force, Voluntary Retirement Scheme was announced which was availed by 72 employees. The respondent-Association, however, instigated some of the employees not to opt for the scheme. Some of the employees took law into their own hands and tried to destroy the appellant’s properties and this created chaotic conditions for which the appellant was forced to lodge complaint in the Industrial Court and orders were passed prohibiting some workmen from com














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