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1995 Supreme(Bom) 322

B.N.SRIKRISHNA
Gangaram Atmaram Vishwasrao – Appellant
Versus
National Textile Corporation (SN) Ltd. , and another – Respondent


JUDGMENT - B.N. SRIKRISHNA, J. :---In this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has impugned an order dated 22nd October, 1993 made by the Industrial Court at Bombay in Complaint (ULP) No. 342 of 1988 under the provisions of the Maharashtra Recognition of Trade Unions Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the Act").

2. The petitioner was working as a Fitter in the Ring Department of the New Hind Textile Mills, Bombay, belonging to the first respondent. His service came to be terminated on 1st January, 1981. He filed an application before the Labour Court alleging that he was a permanent employee and that his service had been dispensed with by way of retrenchment contrary to the provisions of section 25-F of the Industrial Disputes Act, 1947.

3. The petitioner sought the relief of reinstatement in service with full back-wages. His Application (BIR) No. 7 of 1981 before the Labour Court was allowed by the Labour Court, which directed reinstatement of the petitioner in service with continuity and full back-wages.

4. Being aggrieved by the said order, the first respondent challenged the order by its



















































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