P.A. AMBURE Vs. VYAPARI SAHAKARI BANK MARYADIT

JUDGEMENT

(1.) THESE Appeals have been taken up for final disposal together as by a common Judgment and Order dated 7th June, 2006, two Writ Petitions filed by the first Respondent have been decided by the learned Single Judge.

(2.) THE first Respondent is a Co -operative Bank duly registered under the Maharashtra Cooperative Societies Act, 1960. The Appellants are the employees of the first Respondent Bank. On 4th March, 1989, a letter of demand was submitted by the Appellants and others to the first Respondent. The demand was for revision of pay scales, grant of dearness allowance at enhanced rate, etc. The Appellants issued notice of strike in accordance with sub -section (1) of section 24 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short ''the MRTU and PULP Act ''). The said notice of strike was issued on 6th April, 1989 in accordance with the Rules framed in the year 1975 under the provisions of MRTU and PULP Act. By the said notice, the Appellants informed the first Respondent that the employees of the first Respondent were proposing to go on a strike with effect from 21st April, 1989 on account of failure of the first Respondent to comply with the demands.

(3.) ON 24th April, 1989, the Appellants filed a complaint under section 28(1) read with Item 8 of Schedule IV of the MRTU and PULP Act against the first respondent before the Industrial Court at Solapur. The allegation in the said complaint was that the first respondent recruited the employees during the strike which was not an illegal strike. Initially, ad -interim relief was granted in the said complaint. The said ad -interim order was vacated by order dated 16th May, 1991.