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2014 Supreme(Bom) 1238

N.M.JAMDAR
Sarva Shramik Sangh – Appellant
Versus
Swan Mills Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr.N.M. Ganguli a/w Ms. Karuna Yadav for the Petitioners.
Mr. V.P. Vaidya for the Respondent Nos.1 & 2.
Mr. V.P. Vaidya for the Petitioner.
Mr.N.M. Ganguli a/w Ms. Karuna Yadav for the Respondents

JUDGMENT :

Writ Petition No.6528 of 2003 is filed by M/s. Swan Mills Limited, Mumbai. Writ Petition No.1842 of 2005 is filed by Sarva Shramik Sangh on behalf of certain workmen of M/s.Swan Mills Limited. Both these petitions challenge the order passed by the Industrial Court, Mumbai dated 14 February 2003. By the impugned order, the Industrial Court partly allowed the complaint filed by the Sarva Shramik Sangh and directed Swan Mills Limited to pay wages to the workmen for the period between 27 January 1989 and 5 February 1991. The Swan Mills Limited is aggrieved by the direction of payment of wages for this period and the Sarva Shramik Sangh is aggrieved by denial of its claim of reinstatement with full back wages.

2. The Sarva Shramik Sangh-Union had taken initiative in forming the workers co-operative to run the mill’s various units in Mumbai. The Swan Mills Limited (Swan Mills) had one unit at Kurla and two units at Sewree. The unit at Sewree was a process house and other unit was a composite textile mill. The material produced at both mills was processed through the process house. The Swan Mill had a Head Office where the various activities such as accounts, purchase, fiber depa





































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