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2008 Supreme(Bom) 1743

F.I.REBELLO, R.S.MOHITE
Associated Cement Staff Union, Cement House – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. P.M. Patel for the Petitioner.
Mr. A.B. Ketkar, A.G.P. for R. Nos. 1 and 2.
Mr. J.P. Cama, Sr. Counsel with Ms. Neha Mehta

JUDGMENT

F.I. Rebello,J.:

Rule. By consent heard forthwith.

2. The Petitioner is a registered union which is also a recognized Union of employees, working at Cement House of their employer A.C.C. Limited, Respondent No. 3 herein. Various categories of staff are employed at the Cement House and amongst these categories are the bargainable staff who are workmen. This petition is filed by the Union on behalf of its members, who are the bargainable staff and who are falling within the meaning of Workman as set out in a Section 2(s) of the Industrial Disputes Act, 1947.

3. The Petitioner in a brief history of labour legislation, has pointed out that the workers after they started organizing themselves started raising various demands such as fixing age of superannuation, wages linked to cost of living index, gratuity, pension, provident fund, bonus, gratuity, maternity leave and recently paternity leave. With social changes in the society, several demands raised on behalf of the workmen were adjudicated and granted as service conditions which were not service conditions earlier. Some of the service conditions subsequently were recognised by legislatures and laws were enacted such as The P




























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