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1990 Supreme(Bom) 241

R.A.JAHAGIRDAR
National General Mazdoor Union, Thane – Appellant
Versus
Nitin Casting Limited and others – Respondent


JUDGMENT - R.A. JAHAGIRDAR, J.:---This is a petition under Article 226 of the Constitution of India, challenging the order dated 24th of July, 1981 passed by the Industrial Court, Thane Bench, in Complaint (ULP) No. 162 of 1980, which had been preferred by the petitioner-union before the Industrial Court. That complaint was filed on 24th of September, 1980, alleging certain acts of unfair labour practices on the part of respondent No. 1, hereinafter referred to as "the company". Those unfair labour practices consisted of, among other things, the dismissal of the employees of the company, who were members of the petitioner-union, on the ground, among others, that they were members of the petitioner-union. The complaint which was filed on 24th of September, 1980 was found to have been filed tow days beyond the period of limitation prescribed for filing such complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, hereinafter referred to as "the PULP Act". The period of limitation is ninety days as per section 28 of the PULP Act. Subsequently, on being informed that there was a delay in the filing of the complaint, the petitio













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