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1995 Supreme(Bom) 279

A.C.AGARWAL, A.S.VENKATACHALA MOORTHY
Maharashtra General Kamgar Union – Appellant
Versus
Solid Containers Ltd. and others – Respondent


JUDGMENT

ASHOK AGARWAL, J. :---(i) Is the lock-out declared by first respondent company illegal or deemed to be illegal; (ii) Is the first respondent-company justified in insisting upon its workers to execute an undertaking of good behaviour and diligent work by way of condition precedent for lifting the lock-out? and (iii) does the Appellant, which is not a recognised union, have a locus to file a complaint under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971? are the questions which are posed for our consideration in the present Letters Patent Appeal.

2. The first respondent is a limited company engaged in manufacture of containers and allied products. The present management has taken over the company some time in the year 1983. The list which has led to the filing of the present Letters Patent Appeal commenced some-time in 1985. On 24th of October, 1985 the respondent company filed an application before the Government under section 25(o) of the Industrial Disputes Act for closure. By an order passed by the Government on the 18th of December, 1985 that application came to be rejected. This was followed by certain notices being issue








































































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