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2006 Supreme(Bom) 1323

D.Y.CHANDRACHUD
Maharashtra General Kamgar Union – Appellant
Versus
Ilac Limited & anr – Respondent


CHANDRACHUD D.Y. (Dr.), J.: - These proceedings under Article 226 of the Constitution arise out of an order passed by the Industrial Court on 30th April, 1986 by which two complaints of unfair labour practices under Items 1, 2, 5 and 6 of Schedule II and Items 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 came to be dismissed.

2. The first respondent was engaged in the manufacture of PVC material. Some time prior to 1983, the management closed down its factories purportedly on the ground of adverse import conditions. The Government refused to grant permission for closure under Chapter VB of the Industrial Disputes Act, 1947. A layoff commenced on 23rd May, 1985 which admittedly was never lifted or withdrawn at any stage. On 29th May, 1985 the company sought permission of the Commissioner of Labour under section 25-M of the Industrial Disputes Act, 1947 to layoff the workmen with effect from 23rd May, 1985 on the ground of a shortage of electric supply. By an order dated 25th July, 1985 the application was rejected by the Deputy Labour Commissioner on the ground that there was no shortage of electric power a
















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