ASSOCIATION OF CHEMICAL WORKERS Vs. B D BORUDE

JUDGEMENT

(1.) By this writ petition under Article 227 read with Article 226 of the Constitution, the petitioners impugn Award Part I and Award Part II dated May 17, 1982 and February 14, 1985 respectively and more particularly Award Part II dated February 14, 1985 to the extent it rejects the demand of the petitioners for reinstatement of petitioner Nos. 2 to 10 with consequential reliefs.

(2.) The second respondent-Company, United Carbon Ltd., (hereinafter referred to as "the Company") is registered under the Companies Act, 1956 and has its registered office and factory at MIDC Plot No. 3, MIDC Industrial Area, Thane-Belapur Road in Thane District. It has in all three manufacturing units. Till October 1978, only Unit No. 1 was in operation. As a result of maintenance shut-down of Unit No. 1, Unit No. 2 was put in operation after modifications and installation of a new machinery known as Tail Gas Combuster Unit consisting of various equipments.

(3.) The first petitioner is a Trade Union registered under the Trade Unions Act of 1926 and represents petitioner Nos. 2 to 10 employed by the Company. The first petitioner union shall hereinafter be referred to as "the first petitioner-union" and petitioner Nos. 2 to 9 shall hereinafter be referred to as "petitioner Nos. 2 to 9". The case of petitioner No. 10 shall be discussed separately.