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2001 Supreme(Bom) 287

R.J.KOCHAR
I. T. C. Limited (Indian Tobacco Division) – Appellant
Versus
S. Mariadasan & another – Respondent


JUDGMENT - R.J. KOCHAR, J.:---The petitioner company is aggrieved by an order passed by the Industrial Court on 5th April, 1997 on an application filed by the petitioner company in the pending Complaint ULP No. 455 of 1989 making the prayer that in the circumstances mentioned in the application, the said application should be decided as it goes to the route of the complaint filed by an individual employee when the recognised union is in existence in the undertaking and is operating. The learned Member of the Industrial Court passed an order saying that the said application would be decided along with the main complaint at the time of final hearing of the matter.

2. The petitioner company appears to have permanently closed down its place of business of manufacturing and sale of Cigarettes and Tobacco products with effect from 2nd February, 1991. It further appears from the averments that except the two employees all others had accepted terminal benefits arising out of the closure of the company. It appears that the recognised union had challenged the closure of the company by filing a Complaint ULP No. 564 of 1988. It further appears that the petitioner company arrived at the sett







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