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1995 Supreme(Bom) 54

B.N.SRIKRISHNA
Satish Ganesh Saphtarshi and others – Appellant
Versus
Kirloskar Oil Engines Ltd. and another – Respondent


JUDGMENT - B.N.SRIKRISHNA, J:---This is a writ petition under Article 226 of the Constitution of India directed against an Order of the First Labour Court, Pune, dated 30th April, 1986, in Complaint (ULP) No. 13 of 1984, under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the Act").

2. The petitioners are the ex-workmen of the first respondent- Company, which carries on manufacture of oil engines in its factory at Kirkee, Pune. It appears that the workmen of the first respondent were represented by two different unions of divergent views, viz., Association of Engineering Workers, to which the petitioners belonged, and another I.N.T.U.C. affiliated union, by name Rashtriya Engineering Shramik Sangh. There was a practice of paying homage to the memory of Chhatrapati Shivaji Maharaj, every year, on Shiva Jayanti day, during which the workmen would offer floral tributes to the photograph of Shivaji Maharaj in the workshop 24th April, 1982 happened to be the day of Shiva Jayanti. Floral tributes were offered to the photograph of Shivaji within the premises of shop A. There was an altercation












































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