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1999 Supreme(Bom) 1003

R.J.KOCHAR, A.V.SAVANT
MAHARASHTRA GIRLS' EDUCATION SOCIETY – Appellant
Versus
PRESIDENT, MAHARASHTRA KARAMCHARI SANGHATANA – Respondent


Advocates Appeared:
For the Appellant : A.V. Anturkar
For the Respondent: Nitin A. Kulkarni and N.P. Deshpande, A.G.P.

JUDGMENT :

R.J. Kochar, J.—The present Letters Patent Appeal arises from the order of the Learned single Judge dated March 30, 1999 passed in the above petition wherein the Order of the Industrial Court was under challenge. The Respondent-Union had complained that the School Management had failed to implement the settlement between the Union and the Management in respect of the general demands of the employees. The Settlement dated April 12, 1996 u/s 2(p) of the Industrial Disputes Act, 1947 between the parties was sought to be implemented by the Union under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. After going into the merits of the case the Industrial Court has declared by its Order dated December 14, 1998 that the Management had engaged in unfair labour practice by not implementing the settlement in respect of the concerned employees and directed the Management to cease and desist from engaging in such unfair labour practice. It is borne out from the record that both the parties had signed a Settlement on April 14, 1996 as contemplated u/s 2(p) and Section 18(1) of the Industrial Disputes Act, 1947. I

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