JUDGMENT - M.L. PENDSE, J.:---The respondent No. 1 joined the services of the appellant company with effect from April 10, 1974 and was working in the Stitching Department The employees of the appellant company were members of Carona Sahu Co. Employees Union. In the year 1981 some of the workmen became the members of Maharashtra General Kamgar Union. Due to inter-union rivalry, the workmen resorted to go-slow tactics from June 1, 1982 and respondent No. 1 indulged in instigating and exciting other workmen to resort to go-slow tactics. The respondent No. 1 also indulged in intimidation and violence. The Company thereupon served charge-sheet dated June 13, 1982 and suspended respondent No. 1 with immediate effect. The departmental enquiry was held against respondent No. 1 and the workman was dismissed from services with effect from April 23, 1983.

2. The respondent No. 1 sought reinstatement and after consideration of failure report by Conciliation Officer the Deputy Commissioner of Labour (C), Bombay in exercise of powers under section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act) made reference to the Presiding Officer, 7th Labour Court, Bom

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