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1995 Supreme(Bom) 206

B.N.SRIKRISHNA
Baburao P. Tawade and others – Appellant
Versus
Hes Ltd. and another – Respondent


JUDGMENT - B.N SRIKRISHNA, J. :---This is a writ petition under Articles 226 and 227 of the Constitution of India directed against an order of the Industrial Court, Bombay, dated 26th September, 1988, made in Application (IDA) No. 1245 of 1982 under section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act")

2. The petitioners are workmen employed in the first respondent Company in its factory at Jogeshwari, where it manufactures time-pieces and allied horological equipments. The workmen of the first respondent were formerly represented by a registered trade union, known as "Engineering Mazdoor Sabha", which had entered into a settlement dated 31st December, 1973, with the first respondent on the conditions of service of the workmen. The settlement of 1973 expired on 30th June, 1976. The Engineering Mazdoor Sabha gave a notice of termination of the said settlement and put forward a fresh Charter of Demands. In the meantime, another registered trade union, by name Association of Engineering Workers, came on the picture and claimed the support of the majority of the workmen in the establishment of the first respondent. The first respondent and Associat









































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