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1993 Supreme(Bom) 569

A.V.SAVANT
HINDUSTAN LEVER EMPLOYEES UNION – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
For The Appellant : Colin Gonsalves and Monica Sakhrani
For The Respondent: R.C. Master, R.R. Andhyarujina and P.K. Rele and R.P. Rele

JUDGMENT :

A.V. Savant, J.

Heard all the learned Counsel at length, namely, Shri Gonsalves for petitioner-Union:

Shri Master for respondent No. 1-State and Shri Andhyarujina for respondent No. 2 - Employer. This is a rather unusual petition seeking relief in terms of prayer (a) which says that this Court should issue a writ of certiorari permanently prohibiting respondent No. 1 from granting permission to respondent No. 2 to close any part of the department of their Sewree Factory or, in the alternative, if such a permission is already granted, to quash and set aside the order granting the same.

2. The petitioner is the Hindustan Lever Employees' Union which is a registered trade union; the first respondent is the State of Maharashtra represented by the Department of Industries; and the second respondent is the employer viz., Hindustan Lever Limited. The dispute relates to the shifting of the Nickel Catalyst Department of the second respondent's factory from Sewree, Bombay to Taloja which is in Raigad District. It appears that having regard to the increasing menace of pollution, the State Government appointed a Committee known as the Garg Committe. Garg Committee made its recommendatio

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