K N MISHRA Vs. SHAKHEEL AHMED FAROOQU

JUDGEMENT

(1.) By the present appeal, the appellants seek to impugn the order and judgment of the learned Single Judge dated 25.9.2003 by which the learned Single Judge has set aside the Industrial court's judgment dated 10. 6.2003.

(2.) The present appeal raises an issue of interpretation of Section 56 of the Maharashtra recognition of Trade Unions and Prevention of unfair Labor Practices Act, 1971 (hereinafter referred to as MRTU and PULP Act, 1971). We find that there are divergent views taken by two learned Single Judges of this Court one in the impugned order and judgment dated 25.9.2663 (Chandrachud J. ) and another of R. J. Kochar J. in the case of V. Bamanathan V. Hindustan Lever ltd. , Mumbai and Anr. , reported in 2662 I CLR 231. Thus we are deciding the point of law posed before us in this Appeal.

(3.) Some of the material facts, briefly enumerated are as under :-