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1984 Supreme(Guj) 205

B.K.MEHTA, R.J.SHAH
SHRAVANKUMAR MAHADEV DEKOTE – Appellant
Versus
ARVIND MILLS LIMITED,ahmedabad – Respondent


Advocates Appeared: JIVANLAL G.SHAH, P.S.GAJJAR, VITTHALBHAI PATEL

B. K. MEHTA, R. J. SHAH, J.

( 1 ) IN this group of petitions a short but interesting question arises about the right of an individual workman vis a vis trade union and particularly representative union which has been invested. with the right of exclusive representation. The basic question in all these petitions is: Whether an individual workman can be excluded from initiating Industrial Court proceedings or excluded from such proceedings where the order is passed on concession made by the representative union resulting into some evil consequences for a workman or a group of workmen? This question arises in diverse facts and circumstances. In the first group viz. Special Civil Applications Nos. 1747 1023 and 453/79 it relates to the dispute between the petitioners and the respective mill company in the matter of bonus while in Special Civil Applications Nos. 1424/79 and 850/79 it relates to the industrial court proceedings taken for declaration on cessesion of workmen as illegal strike. By way of sample facts from each of the two groups are briefly set out hereinbelow so as to appreciate the precise question in proper perspective.

( 2 ) IN the first group of the aforesaid three speci













































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