GENERAL MANAGER AND HIS SUCCESSOR IN OFFICE, NAIGAUM, KOHINOOR MILLS, MUMBAI Vs. MANGALA CHANDRAKANT NADKARNI

JUDGEMENT

(1.) By this petition filed on December 5, 2005, the petitioners seek to challenge two orders passed by the industrial Court at Bombay on March 30, 1998 and March 11, 2005 in a complaint filed under the provisions of the Maharashtra Recognition of Trade Unions and prevention of Unfair Labour Practices Act, 1971 ('mrtu and pulp Act' for short).

(2.) By the impugned order dated March 30, 1998, the industrial Court allowed the complaint (ULP) No. 741 of 1990 filed by the three complainants under the MRTU and pulp Act. By the said order, the Industrial Court held that the petitioner No. 1 is guilty of unfair labour practices covered under Item 5 and 9 of Schedule IV of the MRTU and PULP Act, 1971 and directed the petitioners to pay to the original complainants salary and other benefits for the period from June 1, 1990. By order dated March 11, 2005 passed in Miscellaneous Application no. 26 of 2000 in complaint (ULP) No. 741 of 1990 the industrial Court quantified the amount payable by the petitioners by issuing a recovery certificate in the sum of Rs. 91,449. 25 paisa in favour of the legal heirs of the original complainant Mr. Chandrakant Nadkarni.

(3.) Facts relevant for the present petition are, that prior to 1982, Mr. Ramesh R. Shirsat, Mr. Pandurang v. Ahire and Mr. Chandrakant B. Nadkarni (original complainants) were working as clerks in Kohinoor Mill no. 3 at Bombay.