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1993 Supreme(Bom) 571

A.V.SAVANT
MAZDOOR CONGRESS – Appellant
Versus
N. L. BHALCHANDRA – Respondent


Advocates Appeared:
For The Appellant : N.D. Buch and H.D. Buch
For The Respondent: R.K. Rele and S.K. Talsania, instructed by and Talsania

JUDGMENT :

A.V. Savant, J.

This is a Petition by the Mazdoor Congress, which is a Trade Union registered under the Trade Unions Act, 1926, and by two other workmen of the 2nd Respondent company viz. Acme Manufacturing Company Limited, seeking to challenge the Award dated August 31, 1984 passed by the Industrial Tribunal, Bombay, in a reference made by the Government of Maharashtra u/s 10(1)(d) of the Industrial Disputes Act, 1947. The said reference was made for adjudication of the dispute set out in the Schedule to the order of reference, which Schedule reads as under:

    "i) Whether the services of the workmenb1 of Wadala Unit of Acme Manufacturing Co. Ltd., Bombay, who were in the employment of the company on or about April 3, 1977 were terminated by notice dated May 4, 1977, which is effective from August 3, 1977 or any other date?

ii) If the services of the workmen are not legally terminated, what should be the quantum of compensation and/or benefits payable to them?"

The reference arose in the following facts:

2. The 2nd Respondent Company employed about 500 workmen. It was engaged in the business of manufacture of automobiles spare parts and accessories such as Valves, Push Rods, e

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