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1995 Supreme(Guj) 428

M.R.CALLA
RAGHUVIR PRASAD MALI,secretary,maha GUJARAT MILL MAZDOOR UNION – Appellant
Versus
GENERAL MANAGER,arvind MILLS LIMITED – Respondent


Advocates Appeared: D.S.VASAVADA SHUKLA, D.V.PATEL, M.H.SHAIKH, V.B.PATEL

M. R. CALLA, J.

( 1 ) RULE. Mr. V. B. Patel, and Mr. D. S. Vasavada, learned counsel, waive service of rule on behalf of the respondents.

( 2 ) ON the request of the parties, the matter is taken up for final hearing today.

( 3 ) THIS Special Civil Application has been filed by one Raghuvir Prasad Mali representing himself as the Secretary of Maha Gujarat Mill Mazdoor Union, ahmedabad against the General Manager, The Arvind Mills Ltd. and the Secretary, textile Labour Association, Bhadra, Ahmedabad. The petitioner seeks the issue of a writ for quashing and setting aside the order passed by the Industrial Tribunal for State of Gujarat at Ahmedabad on 15-4-1995 recording amicable settlement as per the Memorandum of settlement and the Award has been passed in terms of the memorandum of settlement, which is duly signed by and on behalf of the Textile labour Association and The Arvind Mills Ltd.

( 4 ) ON 2-2-1995 the respondent-Company had given a notice under Sec. 42 (1) of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as "the B. I. R. Act") with regard to changes. Conciliation proceedings failed on 23-3-95, against which Reference was made on 30-3-1995. On 15-4-1995












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