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1982 Supreme(Bom) 344

S.K.DESAI
MAHARASHTRA GENERAL KAMGAR UNION – Appellant
Versus
GLASS CONTAINERS PVT. LTD. – Respondent


JUDGMENT :

1. In this writ petition the petitioners which are a registered trade union have impugned the decision give by the Industrial Court in Complaint ULP 301 of 1978. By the impugned decision the learned Member of the Industrial Court dismissed the Complaint filed by the Union and vacated the ad-interim injunction which was pending against the Employer till the date of his decision. The 1st respondent to the petition is the employer who was the opponent to the said Complaint. The 2nd respondent is the Tribunal whose order is impugned. I shall refer to the petitioners and the 1st respondent as the Union and the employer respectively in this judgment.

2. It would appear that the relations between the employees of the 1st respondent Company became strained towards the middle of 1977 and the Employer filed a Complaint before the Industrial Court being Complaint ULP No. 288 of 1977. After further deterioration of the situation on 13th October, 1977, a lock-out was declared by the Employer. The Union made a reference to the Labour Court for a declaration that the lock-out is illegal. It succeeded before the Labour Court but the Employer filed a Revision before the Industrial Court an

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