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1994 Supreme(Bom) 61

B.P.SARAF
National Textile Corporation Ltd. . – Appellant
Versus
P. Gama and others – Respondent


JUDGMENT - Dr. B.P. SARAF, J.:--This writ petition has been filed by National Textile Corporation Ltd., Bombay under Article 226 of the Constitution. The petitioner is aggrieved by the judgment and order of the Industrial Court, Maharashtra dated 11th July, 1990 in Appeal I.C. No. 149 of 1989 setting aside the order of the Labour Court under section 78 read with section 42(4) of the Bombay Industrial Relations Act, 1946 and holding that the respondent No.1 was entitled to the relief of reinstatement as also half the wages for the period from 30 March, 1985 till the date of her reinstatement in her original job.

2. Briefly stated, the material facts of the case are as follows : Respondent No. 1, Mrs. P. Gama, was employed in the undertaking of respondent No. 2 in the year 1966 and since then she was working as a permanent semi clerk. In the month of January, 1982 there was a strike in the mill of respondent No. 2. The petitioner was a member of Rashtriya Mill Mazdoor Sangh who were on strike. She was also on strike from 18 January, 1982 onwards. The strike continued for some time. After some time, some of the mills started functioning. The Kohinoor Mills in which the petitione









































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