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2017 Supreme(Bom) 153

S.C.GUPTE
Polypharma Pvt. Ltd. – Appellant
Versus
Rangnath S. Iyer – Respondent


Advocates Appeared:
For the Petitioner: Mr. Avinash Jalisatgi.
For the Respondent: Mr. Arshad Shaikh I/b. Hemant Ingale.

JUDGMENT :

1. This writ petition, filed under Article 226 of the Constitution of India, challenges an order passed by the Labour Court at Mumbai in an industrial dispute application filed under Section 33-C(2) of the Industrial Disputes Act, 1947 (“ID Act”).

2. The Petitioner is a private company limited by shares, engaged in the business of manufacture of laboratory chemicals and fine chemicals. It has factories at (i) Village Saravali, near Bhiwandi and (ii) Thane. Its head office is at Fort, Mumbai. The Respondent was employed at its head office as a secretary-cum-stenographer since 1986. On a reference made to it under the ID Act in 1982 on behalf of workmen at the Petitioner's factories at Saravali and Thane (Reference (ID) No.65 of 1982), the Industrial Tribunal at Bombay had passed an award in favour of some workmen employed at the Petitioner's factories inter alia directing the Petitioner to pay dearness allowance. In or about 2001, the Respondent filed an application under Section 33-C(2) of the ID Act before the 6th Labour Court at Mumbai claiming (a) special allowance declared by the Government from time to time between 1 January 1986 and 31 December 2000, (b) dearness all







































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