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2006 Supreme(Bom) 836

D.G.KARNIK
NANDKUMAR KASHINATH DEORUKHKAR – Appellant
Versus
STANDARD MILL COMPANY LTD. – Respondent


ORAL JUDGMENT :- This petition is directed against the judgment and order dated 31st January, 2003 passed by the Industrial Court, Mumbai, ,dismissing the revision application of the petitioners.

2. The workers in most of the textile mills in Mumbai struck work indefinitely with effect from 10th January, 1982. The strike continued for years and many of the textile mills were closed. However, some of the stronger mills after terminating the services of the striking workmen resumed work by recruiting new employees. The petitioners were employed by respondent No.1 and had participated in the strike since 10th January, 1982. In the year 1992 the petitioners issued five individual notices to the respondent No.1, alleging that the respondent No. 1 was indulging in unfair labour practice under Item 1 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short "the Act"). The respondents denied the allegation and contended that the petitioners had abandoned the service and therefore their services stood terminated. The petitioners thereafter filed five different complaints, bearing Complaint Nos. 41 to 45 of 1993 before the 3












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