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2000 Supreme(Bom) 1020

RANJANA DESAI, N.J.PANDYA
BOMBAY GAS PUBLIC LTD. – Appellant
Versus
BOMBAY GAS COMPANY EMPLOYEES UNION – Respondent


Advocates Appeared:
For The Appellant : J.P. Cama and Shobhakher, S. Udeshi
For The Respondent: C.U. Singh and S. Gopal, R.J. Mane, I.M. Chagla, D.J. Khambata and N.A. Agarwal, W. Ghandy, N.M. Ganguli

JUDGMENT :

Ranjana Desai, J. - By this petition, the petitioners have challenged the constitutional validity of Sections 25-O and 25-R of the Maharashtra Act No. 3 of 1982. The petitioners also seek setting aside of the impugned order dated March 13, 1987 passed by the Industrial Tribunal Maharashtra and restoration of the order dated November 23, 1983, passed by Shri N.G. Kimmatkar, the then Minister of State for Labour, Government of Maharashtra. Alternatively it is prayed that it be declared that the permission for closure of the Coal Glass plant at Lalbaug, applied for by petitioner No. 1 the Bombay Gas Public Limited Company shall be deemed to have been granted with effect from November 16, 1983. Other consequential reliefs are also sought. The challenge to the constitutional validity of Sections 25-O & 25-R was not pressed and hence we need not address ourselves to it.

2. We may begin with the facts -

Petitioner No. 1 is a public limited company which used to carry on the business of production and distribution of coal gas at its Lalbaug factory prior to July 1981. The 1st petitioner is also referred to as the company at some places for the sake of convenience and clarity. Petit

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