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2004 Supreme(Bom) 964

D.Y.CHANDRACHUD
Johnson & Johnson Employees Union & others – Appellant
Versus
Johnson & Johnson Ltd. & others – Respondent


JUDGMENT - CHANDRACHUD D.Y. (Dr.), J.:—Rule, returnable forthwith. Learned Counsel for the respondents waive service. By consent taken up for hearing and final disposal.

2. On 16th August, 1999 the petitioners instituted a complaint before the Industrial Court under section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, complaining of unfair labour practices under Item 5 of Schedule II and Items 9 and 10 of Schedule IV. The first petitioner is a registered trade union which claims to have a membership of all the 142 workmen engaged by the first respondent in its Permacel Division at Andheri. The Union had entered into seven settlements with the employer since 1981, the last of them on 21st July, 1999. On 13th August, 1999 a press note appeared in the daily edition of the Economic Times stating that the first respondent had sold and transferred its Permacel Division at Andheri to a company forming part of the Premchand Group headed by Mr. Susheel Premchand. The Union stated that it was kept in the dark about the proposed transaction even as late as 21st July, 1999 when the last settlement was signed. From the office of the Regis































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