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2007 Supreme(Bom) 1625

J.N.PATEL, A.A.SAYED
R. K. Shinde – Appellant
Versus
Shekoba Auto Pvt. Ltd. – Respondent


Advocates appeared:
Mr. S.J. DESHMUKH with Ms. N.D. BUCH, Mr. H.D. BUCH, Mr. S.K. MORE and Mr. B.B. DHOLKIA for Appellants.
Mr. C.U. SINGH, Sr. Advocate with Mr. T.R. YADA V i1by K.S. BAPAT for Respondent No.1.
Mr. N.G. HELEKAR for Respondent No.2

JUDGMENT

J. N. PATEL J.:- By this Letters Patent Appeal the Petitioners, employees of the respondent, have impugned the judgment and order dated 3rd March, 2006 passed by the learned Single Judge of this Court in Writ Petition No. 5845 of 1999 which came to be filed by the respondent employer challenging the decision of the Industrial Court, Pone in Complaint (ULP) No.70 of 1999 holding that the employer had committed unfair labour practices under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the MRTU & PULP Act, 1971) thereby directing the employer to continue the respondents employees 1 to 40 in their services and to pay each of the respondents Rs. 1000/- toward. compensation and a further sum of Rs. 1000/- each towards cost. The Industrial Court, inter alil, held that Petitioner and the Respondent No. 2 were functionally integrated and together employed more than 100 employees and, therefore, the provisions of Chapter VB of the Industrial Disputes Act, 1947 were applicable and as the Petitioner has failed to obtain permission of the appropriate government, it has committed unfai



















































































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