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1982 Supreme(Bom) 332

C.S.DHARMADHIKARI
Billion Plastics P. Ltd. . – Appellant
Versus
Dyes & Chemical Workers Union & others – Respondent


JUDGMENT - C.S. DHARMADHIDARI, J.:---In this writ petition the petitioner Company has challenged the order passed by the industrial Court dated 21st of July, 1982 rejecting the prayer in terms or Clause 4(ii) of the application. The petitioner Company filed an application for interim relief under section 30(2) of the Maharashtra Recognition of Trade Union and Prevention of Unfair labour Practices Act, 1971 (hereinafter referred to as the Act). Apart from the reliefs an interim relief was also asked for preventing workman from resorting to or continuing strike in Pursuance to the latter dated 3rd July, 1982. It is not necessary to make a detailed reference to other averments made in the application or the reply filed by the Union. It is that part of the interim relief which was denied to the petitioner Company by the Industrial Court by the impugned order. In para 7 of the order the Industrial Court has given its reasons for refusing to grant the interim relief, which reads as under :

"So far as the second relief sound by the complainant company is concerned, it is doubtful whether this Court has jurisdiction to restrain the workman from resorting to a strike. The collective ac












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