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2001 Supreme(Kar) 554

B. D. K. PROCESS CONTROLS PRIVATE LIMITED, HUBLI – Appellant
Versus
BHARATIYA MAZDOOR SANGHA, DHARWAD – Respondent


Advocates:
B.C.PRABHAKAR, R.Srinivas, SHEELA KRISHNAIAH

CHANDRASHEKARAIAH, J.

( 1 ) IN these writ petitions, the petitioners have challenged the order passed by the Industrial Tribunal, Hubli, passed on the complaint filed under Section 33-A of the Industrial Disputes Act, (hereinafter referred to as'the Act' ).

( 2 ) THE respondent-Union filed an application under Section 33-A of the Act, for a direction to the petitioners to give employment to the transferred employees on the ground that the transfer of the said employees is in contravention of Section 33 of the Act.

( 3 ) IN order to appreciate the rival contentions, it is useful to refer to few facts relating to the dispute between the employer and the employees. The employees of the petitioner-management went on strike on 22-2-1999. Thereafter, the Union of India referred the dispute to the industrial Tribunal, Hubli, on the following points. " (A) Whether the management M/s. B. D. K. Process Controls private Limited, Gokul Road, Hubli is justified in deputing Sri g. B. Deshkulkarni and 20 other workmen to their company branches situated in the various places of the country? (b) Whether the Dharwad Mazdoor Sangh, Dharwad is justified in going on strike since 22-2-1999 by alleging th




















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