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2013 Supreme(SC) 316

K.S.RADHAKRISHNAN, DIPAK MISRA
BAJAJ AUTO LIMITED – Appellant
Versus
RAJENDRA KUMAR JAGANNATH KATHAR – Respondent


JUDGMENT

Dipak Misra, J.:-Leave granted in all the Special Leave Petitions and they are taken up along with Civil Appeal Nos. 2159 and 2160 of 2012. Regard being had to the commonality of the issue involved, all the appeals were heard together and are disposed of by a common judgment.

2. The facts which are essential to be stated for adjudication of the present batch of appeals are that the appellant-company is engaged in manufacturing of two-wheelers and three-wheelers and it has factories at Akurdi (Pune District) and Waluj (Aurangabad District). The respondents, who were engaged as Welders, Fitters, Turners, Mechanics, Grinders, Helpers, etc., initiated an action against the appellant- company under Section 28 of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 (for short “the 1971 Act”) before the Industrial Court, Aurangabad, seeking a declaration that there has been unfair labour practices under items 5, 6 and 9 of Schedule IV of the 1971 Act on the foundation that though they were engaged in the year 1990, yet in every year, they were offered employment for seven months each year and after the expiry of the said period, their ser































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