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1997 Supreme(Bom) 427

F.I.REBELLO
Madura Coats Ltd. . and another – Appellant
Versus
Shri. S. L. Mehendle and another – Respondent


JUDGMENT - F.I. REBELLO, J.:---The petitioner company has approached this Court to quash and set aside the order dated 30th June, 1995 passed by the Industrial Court in Complaint (ULP) No. 1044 of 1988. The complaint was preferred by respondent No. 2 -Trade Union alleging that the petitioner had engaged in unfair labour practice under Item 9 of Schedule IV of the M.R.T.U. P.U.L.P. Act. In short the contention of the respondent No. 2 was that the wages of the office bearers of the Union, who had gone to attend the proceedings before the courts had been deducted contrary to the provisions of section 23 of the M.R.T.U. P.U.L.P. Act and even otherwise it is contended that the deduction was made without giving an opportunity to the office bearers of respondent No. 2 and it was, therefore, clearly in breach of the principles of natural justice and fair play and even otherwise it was not as contemplated by the provisions of the Payment of Wages Act.

2.The Industrial Court by the impugned order was pleased to deal with various contentions of the petitioner and was pleased to hold that the petitioner herein had violated the provisions of section 23 of the M.R.T.U. P.U.L.P. Act and that


























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