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2001 Supreme(Bom) 953

A.P.SHAH, D.B.BHOSALE
Hindustan Coca Cola Bottling S/W Pvt. Ltd. and another – Appellant
Versus
Bhartiya Kamgar Sena and others – Respondent


JUDGMENT - A.P. SHAH, J.:---These appeals are directed against a common order passed by the learned Single Judge dismissing the writ petitions filed by the appellants. The relevant facts lie in a narrow compass. The appellant No. 1 is a company engaged in the business of producing and manufacturing soft drinks of various brands, such as Coca Cola, Thumps up, Limca etc. The appellant company has employed certain employees through the contractors. The respondent Nos. 2 and 3 in Appeal No. 782 of 2001 are the contractors. The employees and their union viz., Bhartiya Kamgar Sena filed complaints of unfair labour practices under Items 5, 6, 9 and 10 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. The employees and the union would be hereinafter referred to as "the respondents". It was the case of the respondents before the Industrial Court that the concerned employees were in the employment of the appellant company for a period ranging from 2 to 16 years as set out in the complaints without any interruption. It was specifically averred in the complaints that the so-





































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