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1991 Supreme(Bom) 276

P.D.DESAI, K.SUKUMARAN
Changunabai Chanoo Palkar – Appellant
Versus
Khatau Makanji Mills Ltd. and others – Respondent


JUDGMENT - P.D. DESAI, C.J.:---The appellant (original writ petitioner) came to be employed in the Winding Department of the respondent company sometime in 1944 according to her and in March 1947 according to the respondent company. The Maharashtra Girani Kamgar Union called upon all employees in the textile industry in Greater Bombay to resort to strike from 18th January, 1982. In view of the said call, the appellant along with other employees absented from duty. The strike was declared illegal by an order of the Labour Court dated 11th February, 1982. According to the appellant, after the Chief Minister made an appeal to the employees to resume duty and the tense situation eased, the employees started reporting for duty and a majority of them were permitted to resume duty. She too reported for duty at the Mill Gate but was not allowed to resume. Her grievance was that she was singled out in that regard and by such discriminatory attitude compulsory unemployment was thrust upon her. She was never charge-sheeted and no Departmental Enquiry was held against her. She was not given compensation under section 25-F of the Industrial Disputes Act, 1947. Under such circumstances, she add























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