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1991 Supreme(Bom) 605

SUJATA V.MANOHAR, B.P.SARAF
National Textile Corporation (South Maharashtra) Ltd. – Appellant
Versus
Ashok Shridhar Athavale & others – Respondent


JUDGMENT - Mrs. SUJATA MANOHAR, J.:---The 1st respondent is an employee of the retail shop of the Finlay Mills Limited. The shop was run by the Finlay Mills Limited upto 18th October, 1983, and thereafter it is run by the National Textile Corporation who are the appellants before us. The Presiding Officer, 7th Labour Court, Bombay, by his order dated 22nd December, 1988, held that the 1st respondent who was an employee of the Finlay Mills retail cloth shop was not governed by the Bombay Industrial Relations Act, 1946, and the relevant notification thereunder because, conducting of a retail cloth shop was not an integral part of the running of a Spinning and Weaving Mill. This decision was challenged by the 1st respondent in Writ Petition 899 of 1989. A learned Single Judge of this Court has, by his judgment which is impugned before us, come to the conclusion that the 1st respondent is governed by the provisions of the Bombay Industrial Relations Act, 1946 and the relevant notification. In the present appeal the judgment of the learned Single Judge is being challenged before us by the appellants, namely, the National Textile Corporation Limited.

2. Prior to 1946 the Bombay Industrial



































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