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2009 Supreme(SC) 1504

TARUN CHATTERJEE, R.M.LODHA
Maharashtra State Road Transport Corporation – Appellant
Versus
Casteribe Rajya P. Karmchari Sanghatana – Respondent


Advocates appeared:
For the Appearing Parties:Altaf Ahmad, Shekhar Naphade, Sr. Advocates, R.S. Hedge, Chandra Prakash, Rahul Tyagi, Ashwani Garg, P.P. Singh, Vinay Navare, Naresh Kumar, Gaurav Goel, Mahesh Agarwal, Nakul Mohta, Amit Kumar Sharma, Rishi Agrawala, E.C. Agrawala, Advocates.

JUDGMENT :-

R.M. Lodha, J.

Principally, two questions which this Court is called upon to determine in this group of five civil appeals by special leave are:

(one) : Whether a direction to the Maharashtra State Road Transport Corporation (for short, "Corporation") by the Industrial Court, and confirmed by the High Court of giving status, wages and all other benefits of permanency, applicable to the post of Cleaners to the complainants is justified?

(two) : Whether the two complaints filed by Casteribe Rajya Parivahan Karmchari Sanghatana (for short, "Union"), an unrecognised union under Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (for short, "MRTU & PULP Act"), alleging unfair labour practice on the part of the employer under item No. 6 of Schedule IV are maintainable?

2. The Union, although a registered union under the Trade Union Act, but unrecognised under MRTU & PULP Act, filed two complaints, namely, complaint (ULP) No. 542/1991 and complaint (ULP) No. 574/1991 before the Industrial Court, Bombay alleging that the Corporation has indulged in unfair labour practice under item nos. 5,6,9 and 10 of Schedule IV of MRTU & PULP Act. The na

































































































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