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2001 Supreme(Bom) 576

A.M.KHANWILKAR
Crest Communication Ltd. and others – Appellant
Versus
Sheetal Shenoy – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition under Article 227 of the Constitution of India takes exception to the order passed by the Industrial Court, Maharashtra, Mumbai, dated 30th March, 1998 in Complaint (ULP) No. 107/98.

2. The respondent herein filed the aforesaid complaint before the Industrial Court for a declaration that the petitioners herein have engaged and are engaging in unfair labour practices under Item Nos. 3, 9 and 10 of Schedule IV of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the said Act for the sake of brevity). The respondent further prayed for a direction against the petitioners to cease and desist from continuing to engage in unfair labour practices referred to above. The main ground on which the respondent approached the Industrial Court, by way of complaint under the said Act, was that, when she had joined the services of the petitioner company, there was no agreement between the respondent and the petitioner company that the services of respondent were transferable at any other place; whereas the petitioner company by the impugned action wanted to transfer her from its








































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