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1989 Supreme(Bom) 416

M.L.DUDHAT
BHARATIYA KAMGAR SENA – Appellant
Versus
CONSOLIDATED PNEUMATIC TOOL CO. (INDIA) LTD. – Respondent


JUDGMENT :

1. This writ petition has been filed against the order dated June 15, 1987 passed by the Member of the Industrial Court at Bombay in Complaint (ULP) No. 148 of 1986.

2. The petitioner in this case filed the complaint against respondent No. 1 Company u/s 28 of the Maharashtra Recognisation of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. It is pertinent to note that in this complaint the present respondent No. 3 the recognised union was not made party to the said complaint. The petitioner contended in the said complaint that respondent No. 1 Company committed several acts prohibited under Items 1(a), (e), 2 (a), (b), 4 (a) and (f) of Schedule II and also Items 5 and 10 of Schedule IV. It appears that before the Industrial Court the present petitioner only argued on items 5 and 10 of Schedule IV and withdrew the complaint in respect of other items. The Industrial Court, after hearing both the sides, rejected the contentions made by the present petitioner. This decision of the Industrial Court is the subject matter of challenge of this present writ petition.

3. Before this Court the petitioner's learned Counsel Shri Gadkari confined his argument to the brea

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