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1993 Supreme(Guj) 437

A.P.RAVANI, C.V.JANI
SAURASHTRA MAJOOR MAHAJAN SANGH – Appellant
Versus
UNA TALUKA KHEDUT SAHAKARI KHAND UDYOG LIMITED – Respondent


Advocates Appeared: A.K.CLERK, J.D.AJMERA, K.S.Nanavati, M.B.BUCH, T.M.SHAIKH

RAVANI, J.

( 1 ) CAN the Industrial Court reappreciate and reweigh the evidence in exercise of its revisional power under Sec. 85 of the Bombay Industrial Relations act, 1946 ? Can it prefer another view simply becuase it is more preferable or plausible ? In short the question to be determined in these petitions is, what is the scope of the revisional powers of the Industrial Court under Sec. 85 of the Bombay industrial Relations Act, 1946

( 2 ) THESE petitions arise out of a common order dated January 15, 1988 passed by the Industrial Court, Rajkot in Revision Appli. Nos. 2, 3 and 4 of 1987. By this order the Industrial Court reversed and set aside the interim order passed by the labour Court by which the Labour Court held that the management may take action of closure or retrenchment of the workmen or putting the workmen on lay off only after following the procedure of law and particularly the provisions of Secs. 25m, 25n and 25-O of the Industrial Disputes Act, 1947 (for short the ID Act ).

( 3 ) NECESSARY facts leading to these petitions are as follows :the petitioners, different Unions of workmen, who were the original applicants before the Labour Court filed applications Nos. 8




























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