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NISHITA MHATRE
Thomson Press Kamgar Sanghatana – Appellant
Versus
Thomson Press (India) Ltd. – Respondent


Advocates Appeared:
For the Appellant : Jane Cox
For the Respondent: C.U. Singh, SC, K.S. Bapat, instructed by Mahesh Shukla

JUDGMENT :

Nishita Mhatre, J.

Rule made returnable forthwith, by consent.

This writ petition has been filed by a Trade Union registered under the Trade Unions Act, 1926. It represents the workmen employed with the Respondent No. 1-Company. The Petition has been filed to challenge the order dated October 15, 2010 passed by the Industrial Court, Thane in Complaint (ULP) No. 174/2010, allowing the Respondents to resile from the statement made on their behalf by their advocate, that they were not going to remove the plant and machinery from their Airoli establishment. For the sake of convenience, the Petitioner will be referred to as "the Union" and the Respondents will be referred to as "the Company". The facts giving rise to the present Petition are as follows:

2. The Company is engaged in the business of printing and runs Printing Presses all over India. It commenced operations in the Press at Airoli, Navi Mumbai in 2005. About 160 permanent workmen employed in the establishment at Airoli formed the Union on April 30, 2010 and registered it under the provisions of the Trade Unions Act, 1926. The Company was informed about the formation of the Union by a letter dated May 11, 2010. The Un



























































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