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2019 Supreme(Bom) 1032

RAVINDRA V.GHUGE
Prakash Kashiram Sawant – Appellant
Versus
Motherson Advanced Tooling Solutions Limited – Respondent


Advocates:
Advocate Appeared:
Y.I. Thole, S.V. Dankh, T.K. Prabhakaran, Y.R. Marlapalle, U.V. Khonde.

JUDGMENT :

Ravindra V. Ghuge, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The petitioners, original complainants in Complaint (ULP) No. 338/2015, are aggrieved by the impugned interlocutory orders, both dated 23.08.2016 below exhibit U/2 and below exhibit U/8, passed by the Industrial Court, Aurangabad.

3. The petitioners submit that exhibit U/2 was an application seeking interim relief under Section 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, hereinafter referred to as "the said Act, 1971") and the application exhibit U/8 was filed on behalf of petitioners nos. 1 to 3 and 5 to 7, who have been stigmatically removed from service by the respondent employer by order dated 06.10.2015 when their ULP complaint was already registered on 05.09.2015.

4. It is further contended that petitioner nos. 9 and 10 had submitted their resignation letter under duress on 29.06.2015. They withdrew the resignation letter on 01.08.2015. They were granted increments on 01.09.2015. As they had intimated the management that they were filing a ULP complaint, they were relieved on 03.09.2015

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