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1998 Supreme(Bom) 855

S.RADHAKRISHNAN, A.C.AGARWAL
Girni Kamgar Sangharsha Samiti – Appellant
Versus
Khatau Mackanji Spinning and Weaving Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Colin Gonsalves
For the Respondent: C.U. Singh, instructed by Gagrat and Co. P.A. Sawant, instructed by Kesar Dass and Associates, H.D. Buch and N.D. Buch K.R. Belosey and D.N. Salvi

ORDER :

1. Rule.

2. As far as interim relief is concerned, it is undisputed that the wages of workmen for the period of March 1997 and onwards are payable and the same have not been paid. Respondent No. 6 which is a representative union as per the case of the petitioner is not taking effective steps to recover the aforesaid dues. As far as petitioners are concerned, they not being representative unions have no locus standi to move the Industrial Court under the MRTU and PULP Act. Though the B.I.F.R. is a statutory body and the proceedings have been initiated at the instance of Respondent No. 6, no relief so far has been granted. It is therefore left with no option but to approach this Court in writ jurisdiction. In the instant case, over 5000 workers are involved and wages for the period from March 1997 till date have not been paid, driving the workers to a dire penury state.

3. It is no doubt true that the proceedings in respect of Respondent No. 1 is pending before the B.I.F.R. It is not disputed on behalf of Respondent No. 1 that the wages are due and they have remained to be paid. All that is contended is its inability. It is further conceded on behalf of Respondent No. 1 that the

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