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2023 Supreme(Bom) 204

N. J. JAMADAR
Maharashtra Rajya Rashtriya Kamgar Sangh (INTUC) – Appellant
Versus
Exide Industris Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Shailendra Kulkarni with Mr. Nitin R. Bhavar Patil, Ms. Nilima Sarvagod
For the Respondent: Mr. D. J. Bhanage

JUDGMENT :

1. Rule. Rule made returnable forthwith and with the consent of the learned Counsel for the parties heard finally.

2. These Petitions take exception to an identical order passed by the learned Member Industrial Court, Pune on applications for interim relief under Section 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices, Act, 1971 (“the Act, 1971”), whereby the prayer of the petitioners to stay the transfer orders dated 27th June, 2022 and 24th June, 2022 in respect of the petitioner-complainant Nos. 2 to 6, in the respective Petitions, came to be rejected.

3. Since the Petitions arise out of an identical factual backdrop, both the Petitions are decided together. Writ Petition No.13233 of 2022 is considered as lead Petition and reference hereinafter is to the facts in the said Petition.

4. Shorn of unnecessary details, the background facts leading to this Petition can be stated as under:-

    (a) The respondent is engaged in manufacturing of Lead Acid Storage Batteries from its factory situated at D-2, M.I.D.C. Industrial Estate, Chinchwad (E), Pune. Petitioner Nos. 2 to 6 are the workmen and have been working at the said factory since

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