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1983 Supreme(Guj) 214

R.A.MEHTA, R.C.MANKAD
SWASTIK TEXTILE ENGINEERING PRIVATE LIMITED – Appellant
Versus
RAJENSINGH SANTSINGH – Respondent


Advocates Appeared: JIVANLAL G.SHAH, KANUBHAI PATEL

R. C. MANKAD, J.

( 1 ) THE only question which we ate called upon to answer in this petition filed by the petitioner-employer under Article 227 of the Constitution of India is whether the Industrial Tribunal (hereinafter referred to as the Tribunal) was justified in directing the petitioner to pay full back wages for the period from August 8/10/1977 to 16 complainants who had filed complaint under sec. 33-A of the industrial Disputes Act 1947 (hereinafter referred to as the Act ).

( 2 ) PETITIONER is an engineering establishment employing about 200 workmen. There were many industrial disputes between the petitioner and its workmen which were pending adjudication in the Tribunal. The workmen decided to go on strike and therefore their trade union gave a strike notice dated 5/07/1977 in which it was stated that the workmen should go on strike with effect from 26/07/1977 The workmen went on strike on 26/07/1977 The strike was peaceful and practically all the workmen joined it. It is the case of the petitioner that After the workmen proceeded on strike it placed a notice on the notice board calling upon the workmen to resume their duties. In the final notice the workmen were called upon











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