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1996 Supreme(SC) 1355

FAIZAN UDDIN, KULDIP SINGH
Hindustan Lever Mazdoor Sabha – Appellant
Versus
Hindustan Lever LTD. – Respondent


ORDER

1. The appellant filed a complaint in the year 1984 against the respondent-Management complaining unfair labour practices under Item 9 of Schedule IV to the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 (hereinafter called "the Act"). The main grievance made in the complaint was that the conditions of service of the field staff were unilaterally altered to their disadvantage by the order of the Management dated 30-6-1975 which was contrary to the settlement reached between the parties in the year 1971. It was further stated that the 1971 settlement was based on an agreement reached between the parties during the year 1957. The main thrust of the complainant was that the unilateral change in the conditions of service by the 1975 order was against the 1971 settlement which was based on the 1957 agreement. The Industrial Court, Maharashtra framed the following 4 issues :

(1) Does complaint prove that the respondent has committed unfair labour practice under Item 9 of Schedule IV by committing failure to implement settlement, dated 27-1-1971 and the agreement arrived at under the correspondent entered into with the complainant in 1957





















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