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1987 Supreme(Bom) 61

C.S.DHARMADHIKARI, A.A.DESAI
Elpro International Ltd. – Appellant
Versus
K. B. Joshi & others – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---The petitioner Elpro International Limited has challenged in this writ petition the award passed by the 1st Labour Court, Pune dated 24th of May, 1985 in a Reference (IDA) No. 62 of 1980, setting aside the order of removal and directing reinstatement of the Respondent Mrs. Kusum Bhairavnath Joshi, to the post of temporary screen coptin operator with continuity of service and back wages at the rate of Rs. 400/- per month from the date of termination till the date of reinstatement except for the period of six months.

2. Rule came to be issued in the present petition on 1st October, 1985 and ad interim relief in terms of prayer Clause (b) was also granted. Thereby implementation of the impugned award came to be stayed. Thereafter the respondent employee field an application under section 17-B of the Industrial Disputes Act, 1947 for payment of her wages. At that stage by amending the petition, petitioner challenged the very validity of the section 17-B of the said Act, on various grounds. Thus in this petition the validity of section 17-B is also challenged.

3. So far as the vires of section 17-B is concerned Shri Shrikrishna learned Counsel appearin




























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