ABHIMANYU DATTARAM SAWANT Vs. RAUKO CINE LABORATORIES

JUDGEMENT

(1.) This petition impugns the judgment and order of the Industrial Court dated 4.7.1996 in Complaint (ULP) Nos. 1450 to 1458 of 1992, 1460 to 1463 of 1992 and 797 of 1993. The 14 petitioners in these petitions had filed individual complaints under Items 5, 7, 9 and 10 of Schedule IV of the M.R.T.U. & P.U.L.P. Act. The complaints have been dismissed by the Industrial Court on 4.7.1996.

(2.) The facts giving rise to the present petition are as follows:

(3.) The petitioners were permitted to amend their complaints by the Industrial Court by its order dated 26.3.1993. These amendments were to the effect that the Company had breached the mandatory provisions of Section 24 of the M.R.T.U. & P.U.L.P. Act by effecting an illegal lock-out from 24.1.1992. The petitioners contended that this amounted to unfair labour practices under Item 6 of Schedule II and 9 of Schedule IV of the Act. The petitioners then contended that, although the lock-out had been lifted by the Company, they were not permitted to work and had instead been illegally terminated from service. By a purshis dated 30.9.1994 the petitioners confined the reliefs claimed in the complaint to the cause of action which arose w.e.f. 16.8.1992. The petitioners categorically stated that they did not want to claim any relief which the union had prayed for in Complaint (ULP) No.228 of 1992. The petitioners also stated that they did not wish to insist upon any of the amendments sought for other than the amendment to para 3(F) and prayer clause 9(c-i).