AGARWAL TRADERS Vs. ANKUSH M BHABAL

JUDGEMENT

(1.) This petition by the employer is directed against the Order of the Industrial Court, Mumbai, dated 6-6-2006 holding the petitioners guilty of Unfair Labour Practices under Item 6 of Schedule II and Item 9 of Schedule IV of the MRTU and PULP Act, 1971. The Industrial Court has further directed the petitioners to pay the wages of the complainants till subsistence of contract of employment after deducting the payment already made/deposited.

(2.) The petitioner No.l is a partnership firm engaged in the business of job work of calendaring and packaging of cloth. In 1986, the land upon which the factory of the petitioners was situate was acquired by the BEST Undertaking for construction of Depot. This acquisition was challenged by the Union Sarva Shramik Sangh by Writ Petition No. 1106 of 1993. This petition was dismissed on 15-6-1993.

(3.) On 12-7-1993 a Notice of intended lock-out with effect from 26-7-1993 was put up on the notice board. Before the lock-out took effect, on 13-7-1993 the BEST Authorities demolished the factory premises of the petitioners.