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2003 Supreme(Bom) 614

C.K.THAKKER, V.K.TAHILRAMANI
Ceat Limited (Electronics Division) – Appellant
Versus
Anand Aba Saheb Hawaldar & others – Respondent


JUDGMENT - THAKKER C.K., C.J.:---This appeal is filed against the judgment and order of the learned Single Judge, dated July 11, 2001 in Writ Petition No. 1111 of 1997. By the said order, the learned Single Judge confirmed the order passed by a Member of the Industrial Court, Thane, dated 24th October, 1996 in Complaint (ULP) No. 519 of 1996.

2. Certain facts are not in dispute. On or about June 30, 1992, the appellant Company declared a Voluntary Retirement Scheme ("first VRS" for short) for its employees, which was accepted by 337 employees. On March 16, 1994, the appellant declared second VRS which was in the nature of Memorandum of Understanding ("MOU") ("second VRS" for short). That was accepted by 179 employees. Respondent Nos. 1 to 6 who had accepted first VRS of 1992 filed a complaint before the Industrial Court, Thane on July 20, 1994, alleging that the company had committed unfair labour practice under Item Nos. 5, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the Act"). It was contended by them that the benefits which were given to employees who had accepted second VRS




























































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