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1998 Supreme(Bom) 858

F.I.REBELLO
Cricket Club of India – Appellant
Versus
Baljit Shyam – Respondent


Advocates:
Advocate Appeared:
For the Appellants : J.P. Cama, K.P. Anilkumar.
For the Respondent: Colin Gonsalves.

JUDGMENT :

F.I. REBELLO, J.

1. Rule. Respondents waive service. Petition heard forthwith.

The petitioners herein have approached this Court in exercise or its jurisdiction under Article 226 of the Constitution of India, to impugn the order dated September 25, 1997 passed by the Industrial Court, Mumbai in Revision Application (ULP) No. 28 of 1997 in Complaint (ULP) No.205 of 1995. By the impugned order the Industrial Court, Mumbai, was pleased to set aside the order of the Labour Court dated November 30, 1996 dismissing the complaint tiled by the Respondent No. 1 against the petitioners under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU and PULP Act for the sake of brevity). The Respondent No. 1 approached the Labour Court alleging an act of unfair labour practice on the part of the petitioners herein, in terminating the services without holding an enquiry or complying with the other provisions of the Industrial Disputes Act, 1947. It is therefore, alleged that the petitioners had committed unfair labour practice under Items 1 (a), (b), (d) and (f) of Schedule IV of MRTU and PULP Act, 1971. It is an admitted po

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