JUGILAL LAXMINARAYAN YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is directed against order dates September 23, 1987 passed by the Assistant commissioner of Labour, Bombay (Shri A. G. Naik), a copy whereof is Exhibit 'k' to the petition. The short facts and circumstances leading to filing of this petition are us under.

(2.) ON March 19, 1975, the Petitioner No. 2 was employed as clerk by Kohinoor Mills Co. Ltd. (Respondent No. 4 herein ). On October 1, 1960, the Petitioner No. 1 was employed as clerk by the very same Company, i. e. Respondent No. 4 herein. On October 18, 1983, the President of india issued an Ordinance known as "the Textile Undertakings (Taking Over of Management)Ordinance, 1983" whereby the management of several textile undertaking, including Kohinoor mills, was taken over by the Central Government. The National Textile Corporation (South maharashtra) Ltd. Bombay (Respondent No. 3 herein), is an Additional Customer of the undertaking known as "kohinoor Mills".

(3.) ON February 13, 1985, the Rashtriya Mills Mazdoor Sangh, a representative union for the local areas of the cotton textile industry in Greater Bombay, sent an approach notice under section 42 (4) of the Bombay Industrial Relations Act, 1946, in respect of 1,654 employees, including the Petitioners, on the basis that the management had illegally refused to assign work to the said workmen. Ultimately, on April 1, 1985, Rashtriya Mills Mazdoor Sangh filed an application under Sections 78 and 79 of the above-referred Act against the management and applied for interim relief. By an order dated August 26, 1986, the Presiding Officer, 3rd Labour court, Bombay, passed an interim order on the said application, which reads as under :-