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1990 Supreme(Bom) 471

D.R.DHANUKA
E. MERCK (India) Ltd. – Appellant
Versus
V. N. Parulekar and others – Respondent


JUDGMENT - D.R. DHANUKA, J.:---These petitions involve important questions concerning interpretation and application of section 11-A of the Industrial Disputes Act, 1947.

2. E.Merck (India) Limited, the petitioner in Writ Petition No. 2973 of 1987 is a well known pharmaceutical company having its factory at Taloja and its officers at Bombay. Respondents 1, 2 and 3 were the office bearers of the recognised trade union concerning the employees of the petitioner at the relevant time. The respondent Nos. 1, 2 and 3 were employees of the petitioner at all material time.

3. These petitions arise out of unfortunate litigation between the employer and the employees concerning incidents which took place about 13 years ago. This unfortunate litigation has a chequered history. Law's delays have also contributed to the human sufferings. It is reasonably hoped that the parties will at least now put an end to this acrimonious litigation at the earliest so that the industrial peace can be restored.

4. By these petitions, both the employer as well as the employees have impugned part of the Award dated 9th July, 1987 made by the Industrial Tribunal in Reference (IT) No. 230 of 1979. On 8th December,



































































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