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1988 Supreme(Bom) 437

H.N.KANTHARIA
SANJIV P. JATHAN – Appellant
Versus
LARSEN AND TOUBRO LTD. BOMBAY – Respondent


JUDGMENT :

1. By this petition under Article 226 read with Article 227 of the Constitution of India, the petitioner-workman (hereinafter referred to as : 'the workman') challenges the judgment and order passed by the learned Presiding Officer, First Labour Court, Bombay, in complaint (ULP) No. 231 of 1977 dismissing the same on 29th July, 1981.

2. The relevant facts giving rise to this writ petition are as under :

    The workman joined the services of the first respondent-company (hereinafter referred to as 'the Company') on July 17, 1961 and at the relevant time when his services were terminated by an order dated November 26, 1977 he was working as Assistant Store Keeper. It was his case that since 1975 he was working as Joint Secretary of the Larsen & Toubro Group of Companies Employees' Union which was recognised by the company on January 20, 1976 as a representative union representing the majority of the workmen. He also contended that there was another union called Bharatiya Kamgar Sena which was also operating in the company and by some acts of omission and commission, the company created inter-union rivalry between these who two unions. Then it was alleged that on account of cert

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