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2001 Supreme(Bom) 174

B.P.SINGH, S.A.BOBDE
Warden & Co. (India) Ltd. . & another – Appellant
Versus
Akhil Maharashtra Kamgar Union & others – Respondent


JUDGMENT - S.A. BOBDE, J.:---These two Letters Patent Appeal arise out of the same complaint i.e. Complaint (ULP) No. 166 of 1993 instituted on behalf of the workmen against their employer M/s. Warden Co. (I) Ltd., hereinafter referred to as the "employer".

2. The main question in these appeals is whether an unrecognised Union is entitled to appear and act on behalf of the workmen of an industry governed by the Industrial Disputes Act, 1947, hereinafter referred to as the "I.D. Act", in a complaint relating to unfair labour practices other than those specified by Items 2 and 6 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, hereinafter referred to as the "M.R.T.U. P.U.L.P. Act".

3. The complainants prayed for a declaration that the employer has engaged in unfair labour practice under Items 9 and 10 of Schedule IV of the M.R.T.U. P.U.L.P. Act. The workmen also prayed for wages from February 1992 till the date of filing of the complaint. There was also a prayer for bonus for the years 1990-91 and 1991-92; leave travel allowance for the years 1990-91 and 1991-92 and encashment of privilege leave and casual leave f






































































































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