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1966 Supreme(Bom) 25

N.L.ABHYANKAR, B.N.DESHMUKH
RASHTRIYA MILL MAZDOOR SANGH – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


JUDGMENT

ABHYANKAR J. - This petition under Articles 226 and 227 of the Constitution challenges the validity of the notification dated 7th October 1965, issued by the State Government of Maharashtra that in relation to the second respondent, which is a relief undertaking, an agreement dated 7th November 1964 between the respondent No.2 and the Rashtriya Mill Mazdoor Sangh, Nagpur, relating to the payment of dearness allowance should be suspended. They also challenged the notice issued by the Factory Manager of the second respondent on 9-10-1965 as ultra vires and unauthorised exercise of powers by the second respondent. We may mention that the petitioners challenged the provisions of the Bombay Relief Undertakings (Special Provisions) Act, 1958, but that challenge has not been pressed and no arguments were addressed before us with respect to that relief.

2. In order to understand the grievance of the petitioners certain facts are necessary to be stated.

3. The first petitioner is a registered trade union. It has also been recognized as a recognized union under the provisions of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947, having been so recognized under













































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