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1997 Supreme(Bom) 564

F.I.REBELLO
Peoples Welfare Society and another – Appellant
Versus
Second Labour Court and others – Respondent


JUDGMENT - F.I. REBELLO, J.:---Respondents Nos. 3 to 9 had filed complaint under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act (hereinafter referred to as M.R.T.U. P.U.L.P. Act) against the petitioners Nos. 1 and 2 as also against the present respondents Nos. 2 and 10. It was the contention of the complainants before the Labour Court that the respondents before the Labour Court were engaged in unfair labour practice falling under Item No. 1 in Schedule IV of the Act. There are other consequential reliefs prayed for. An application for interim relief was also filed. The respondents before the Labour Court filed their reply and raised preliminary objection to the effect that in view of section 59 of the Maharashtra Universities Act, 1994 the Court has no jurisdiction to try the complaint as remedy was provided under the Maharashtra Universities Act, 1994. It is further submitted that the services of the non-teaching employees in the Colleges affiliated to the Nagpur University were governed earlier by the Nagpur University Act and after its repeat, by the Maharashtra Universities Act, 1994.. It was contended that


























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