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1956 Supreme(Bom) 130

J.C.SHAH, SHIRPATRAO PALNITKAR
New Gujarat Cotton Mills Ltd – Appellant
Versus
Labour Appellate Tribunal – Respondent


Judgment -

1. This is an application for a Writ under Articles 220 and 227 of the Constitution for quashing an order passed by the Labour Appellate Tribunal in five appeals Nos. 41 and 147 of 1954, 50, 51 and 148 of 1955. The orders passed by the Labour Court in appeals Nos. 50, 51 and 148 of 1955 were set aside by the Tribunal and the cases were remanded to the Labour Court at Ahmedabad and were directed to be tried on the merits in the light of the observations made in the judgment. Against the order of Labour Appellate Tribunal this application has been filed. The facts which give rise to this application may be briefly stated :

2. Respondents 5 to 13 were employees of the Gujarat Cotton Mills Co. Ltd., which will hereafter be, referred to as the Old Company. The Old Company had a factory at Ahmedabad for manufacture of cotton textiles. The Old Company closed its factory in October 1952 after putting, up a notice under standing order No. 9. The Old Company employed watchmen for protecting the machinery in the Mill. The company had other employees in the manufacturing and executive departments. In February 1953, this Court on a creditors application ordered that the Old Company be






































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