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2010 Supreme(Bom) 410

S.J.VAZIFDAR
Kirloskar Pneumatic Kamgar Sangh – Appellant
Versus
Kirloskar Pneumatic Company Limited – Respondent


Advocates appeared:
Mr. N.A.Kulkarni for the applicant. Mr. J.P. Cama, Senior Counsel with Mr. Mahesh Londhe i/b M/s. Sanjay Udeshi & Co. for the Respondents.

JUDGMENT

The Respondent-Union has filed the Civil Application under Section 17-B of the Industrial Disputes Act, 1947 (ID Act) in respect of six workmen.

2.The Petitioner terminated the services of the workmen on 28th January, 2002, by retrenching them. The Respondent-Union raised a Reference before the Industrial Tribunal at Pune. The Industrial Tribunal, by an Award dated 13th December, 2007, allowed the Reference and directed the Petitioner to reinstate the members of the union with continuity of service, but without back wages.

3.The above Writ Petition was filed on 16th February, 2008. By an order dated 3rd March, 2008, Rule was issued and Rule on interim relief was made returnable after two weeks. By an order dated 21st January, 2009, the award was stayed pending the hearing of the Writ Petition.

4.It is in these circumstances that the Union has filed the above Civil Application under Section 17-B of the Industrial Disputes Act, 1947, in respect of six workers, each of whom has filed an affidavit-in-support thereof. The application of each workman would have to be considered separately on merits. It is necessary, however, to preface a consideration thereof by dealing with the

















































































































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