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2023 Supreme(Bom) 570

N. J. JAMADAR
Indian Express (P) Limited – Appellant
Versus
Ganesh Gopinath Rane – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Darius Khambata, Senior Counsel, a/w Mr. Amol Joshi, Ms. Tejaswi Ghag, Mr. Shivam Singh i/b Poorvi Kamani
For the Respondent: Ms. Jane Cox i/b Mr. Ghanshyam Thombare

JUDGMENT:-

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

2. By this Petition the petitioners take exception to an order dated 28th November, 2022, passed by the learned Member, Industrial Court at Thane on an application for interim relief (Exhibit-U-2) in Complaint (ULP) No. 219 of 2022, declaring that the petitioners engaged in unfair labour practices under items 9 and 10 of Scheduled-IV of The Maharashtra Recognition Of Trade Unions And Prevention Of Unfair Labour Practices Act, 1971 (“the Act 1971”), and temporarily restraining them from indulging in such unfair labour practices and staying the orders dated 7th November, 2022, of deputing the respondent Nos.1 and 2 to the offices at Lucknow and Chandigarh, respectively, till the final disposal of the complaint.

3. The petition arises in the backdrop of the following facts.

    (a) Petitioner No.1 is engaged in Print Media. It publishes, inter alia, newspapers, “the Indian Express” and “Loksatta”. One of its printing presses is located at Mahape, Navi Mumbai. Respondent Nos.1 and 2 are designated as Senior Printers and posted at Mahape.

(b) Petitioner No.1 asserts, on a

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