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1981 Supreme(Bom) 341

D.M.DHARMADHIKARI
FEDERATION OF WESTERN INDIA CINE EMPLOYEES – Appellant
Versus
FILMALAYA PVT. LTD. – Respondent


JUDGMENT :

1. This is an appeal filed by the original defendants against the order passed by the City Civil Court, Bombay granting injunction in terms of prayer cl. (a) of the Notice of Motion taken out by the plaintiffs-respondents.

2. The plaintiffs, the Filmalaya Pvt. Ltd. which is a private limited company, filed a suit against the defendants mainly for an injunction restraining defendants, their agents and members from acting upon the directions issued by the defendants, No. 1 the Federation and incorporated in the letter dated May 3, 1980. According to the plaintiffs the first defendants, which is a Federation and the second defendant which is a trade union are registered under the Indian Trade Unions Act, 1926. In the course of the plaintiffs' business the Filmalaya studio was hired to various producers of the films and the plaintiffs used to give facilities such as sound recording, cameras, setting and lighting and for that purpose the plaintiffs had employed several workmen. By a letter dated December 11, 1979 the union made various demands on behalf of 19 workers alleging that these workers were in the employment of the plaintiffs and by practising unfair labour practice th

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