JUDGMENT - A.P. SHAH:---This petition under Article 226 challenges the order dated 24th November, 1998 passed by the Industrial Court, Mumbai in Complaint (U.L.P.) No. 1557 of 1990, a proceeding under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 ("the Act" for short).

2.The 1st respondent is a company engaged in the business of manufacture of various types of magnets. The petitioner is a trade union, registered under the Trade Unions Act, 1926 and represents some of the workmen of the respondent company. The petitioner union filed Complaint (U.L.P.) No. 1557 of 1990 in the Industrial Court, Mumbai alleging unfair labour practice on the part of the company under Item 9 of Schedule IV of the Act. The Union has alleged that the management has not paid subsistence allowance to 17 workmen who have been put under suspension by the management pending the domestic enquiry. It is alleged that the company paid only the basic pay and dearness allowance (DA) at the rate of 50% during the first three months and at the rate of 75% thereafter for the next three months and at the full rate during the subsequent period which lasted for about two ye

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