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1995 Supreme(Bom) 96

B.N.SRIKRISHNA
Maharashtra General Kamgar Union – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - B.N. SRIKRISHNA, J.:---This writ petition arises under Articles 226 and 227 of the Constitution of India and is directed against an Award of the Second Labour Court, Thane, dated 9th July, 1987 made in Reference (IDA) No. 167 of 1982 under the provisions of section 10(1)(c) read with section 12(5) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act").

2. The petitioner is a registered trade union acting on behalf of 25 workmen of the second respondent Company, which was engaged in the business of manufacture of synthetic fibres at Thane. At the material time, the second respondent employed about 600 workmen in its factory. There were disputes between the parties, which culminated in dismissal of 25 workmen employed by the second respondent. The workmen were dismissed on different dates between 29th November, 1981 to 31st January, 1982. The petitioner demanded reinstatement of the 25 workmen dismissed from service, by sending demand letters during the period 2nd December, 1981 to 1st March, 1982. These demands for reinstatement for the dismissed workmen did not produce any result. Consequently, by a letter dated 15th March, 1982 addressed to the Assis



































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