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2007 Supreme(Bom) 1174

ANOOP V.MOHTA
MUKUND STAFF AND OFFICERS ASSOCIATION – Appellant
Versus
MUKUND LIMITED – Respondent


Advocates Appeared:
P.K.RELE, PIYUSH SHAH, SUSHEEL MAHADESHWAR

ANOOP V. MOHTA, J.

( 1 ) THE petitioner is a trade union registered under the Trade Unions Act, 1926 and has as its members around 800 monthly rated workers employed in the respondent Company's factories at Kalwe and Kurla, Mumbai.

( 2 ) DURING the period 4/08/2000 to 21/11/2000 the Company terminated the services of 20 monthly rated workers. The petitioner raised a dispute against the termination of the said 20 workers and by its order dated 10/02/2001 the Government referred the said dispute to the Industrial Tribunal, mumbai, (for short, "the Tribunal") being reference (IT) No. 20 of 2001. The order of reference reads as under:-

i) The workmen whose names are mentioned below should be reinstated with full back wages and continuity of service, with effect from their dates of termination.

ii) The services of the monthly rated workmen covered by Reference (IT) No. 3 of 1993 shall not be terminated without following due process of law.

( 3 ) ON 4/6/2001 the petitioner filed its statement of Claim alongwith an interim relief application in the said Reference (IT) No. 20 of 2001. On 27/6/2001 the Company filed its Affidavit for opposing the interim relief application preferred by the p






























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