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2008 Supreme(Bom) 405

SWATANTER KUMAR, J.P.DEVADHAR
Pipe Arts India Pvt. Ltd. , SANASWADI – Appellant
Versus
Gangadhar Nathuji Golamare – Respondent


Advocates:
ADVOCATE APPEARED:
Mr. K.S. Bapat instructed by Mr. A.D. Patwardhan for the appellant.
Mr. Nitin Kulkarni for the respondents.

JUDGMENT (Per Swatanter Kumar, C.J.)

1. On somewhat similar facts, the learned Single Judge had passed the order “Prayer for interim relief is rejected” giving rise to the above nine appeals. As a common question of law is raised in all these appeals, it will be appropriate to dispose of these appeals by a common judgment. However, for the purposes of convenience, we have referred to the facts of writ petition No.7373 of 2007.

2. The appellant-company is incorporated under the provisions of the Companies Act, carrying on the business of fabrication of components partly at its factory and partly at the site of its customers with the help of various workmen in its employment.

3. On 21st February, 1999, the workmen suddenly proceeded on an illegal strike and started causing obstruction to ingress of men and material at the gate of the factory. According to the workmen, their services had been terminated orally on 25th August, 1999 and, therefore, they referred the matter to the Conciliation Officer seeking reference of their dispute to the Labour Court. Even before the Conciliation Officer, the appellant-company offered job to the workmen and asked them to report for duty. The Concili
































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