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2000 Supreme(Bom) 626

D.Y.CHANDRACHUD
Burroughs Welcome (I) Ltd. . (M/s. ) & others – Appellant
Versus
D. H. Ghosle & others – Respondent


JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---These two petitions, challenge the validity of an order passed by the Industrial Court in a Complaint, being Complaint (U.L.P.) No. 834 of 1996, filed by 17 employees under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 ("the Act"). In Writ Petition No. 1661 of 2000, the petitioner before the Court is the employer, while in the companion petition, being Writ Petition (Lodging) No. 1628 of 2000, the petitioners before the Court are the 17 employees. The employer is aggrieved by the direction to the effect that the complainant-employees be absorbed in service within two years as permanent employees. The employees are aggrieved by the finding of the Labour Court, that there was no unfair labour practice committed by the employer specifically in keeping the workers as temporary employees for several years. The complaint before the Industrial Court was filed with reference to Items 6, 9 and 10 of Schedule IV of the Act, and has been disposed of by the Judgment dated 27th June, 2000 of the Industrial Court which is impugned in these proceedings.

2. On 12th August, 1996, the respondent



























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