TRADE WINGS LIMITED Vs. PRABHAKAR DATTARAM PHODKAR

JUDGEMENT

(1.) THE petitioners are Trade-Wings Limited, a Company carrying on the business of Travel Agents as also Clearing and Forwarding Agents.

(2.) RESPONDENT No. 1 to 9 were employed with the petitioners as Junior Assistants. Respondents No. 10 and 11 are the Presiding Officer and Member of the Labour Court and Industrial Court respectively whose decisions are impugned in the present petition.

(3.) SOMETIME in November, 1984 the management of the petitioners changed hands. It is the case of the petitioners that there were huge accumulated losses in respect of their Bombay office. There was excess staff in the Accounts and Administrative Department. The petitioners, therefore, on 7th January, 1985 retrenched the services of respondent No. 9 and one other, who is not before the Court. Similarly on 19th February, 1985 the petitioners retrenched the services of respondents No. 1 to 8. Taking exception to the said order of retrenchment each of the respondents No. 1 to 9 filed separate complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair labour Practices Act, 1971 (hereinafter referred to as the MRTU and PULP Act ). They alleged offences are under section 28 read with Schedule IV, item 1 of the Act. According to the respondents No. 1 to 9, the petitioners indulged in unfair labour practice by wrongfully retrenching their services.