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2003 Supreme(Bom) 1436

D.Y.CHANDRACHUD
SUHAS GANPAT KALZUNKAR – Appellant
Versus
BAYER (INDIA) LTD. – Respondent


Advocates Appeared:
For the Appellant : S.N. Deshpande
For the Respondent: Manohar Gaonkar, and R.N. Salgaonkar, instructed by Salgaonkar and Co.

JUDGMENT :

D.Y. chandrachud, J.—Rule, returnable forthwith. Learned counsel appearing on behalf of the First Respondent waives service.

2. The petitioner has instituted a complaint under Items 5, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 ("the Act"). The complaint has been instituted by the petitioner on behalf of himself and 29 other employees. A grievance is made in paragraph 4 of the Complaint in respect of a Scheme for Voluntary Retirement floated by the First Respondent in the year 1995. In paragraph 4, it has been averred that an atmosphere was created so as to lead to fear and apprehension in the minds of the workmen regarding closure of the Department. The Petitioner has averred that on March 27, 1995, he had submitted an application for voluntary retirement by filling up the prescribed form, but that he changed his mind on March 28, 1995. The contention of the petitioner is that: the General Manager of the employer stated that he would be informed subsequently, but that eventually no forms were allowed to be withdrawn. In paragraph 7(i) the grievance is that the Department where the petitioner a

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