VAMAN MARUTY GHARAT Vs. M P APTE

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India has been placed before me for final hearing in accordance with Rule 15 of Chapter 17 of the Bombay High Court Appellate Side Rules, 1960. There is a difference of opinion between the two Judges who constituted the Division Bench which originally heard this petition. Hence resort to the above mentioned provisions of the Appellate Side Rules.

(2.) The petition was filed by the two petitioners, who were members of a trade union known as Association of Chemical Workers and who were working at the relevant time in the factory of the 3rd respondent, hereinafter referred to as "the respondent". The respondent is a dyeing unit covered by the provisions of the Bombay Industrial Relations Act. The facts leading to this petition ought to be necessarily stated, atleast briefly, before proceeding to consider the point that has arisen in this petition.

(3.) On or about 2nd of May 1978, there was a strike which was resorted to by the employees of the respondent. The strike was, on an application made by the respondent, declared illegal by an order of the Labour Court on 3rd of May 1978. That decision was given in Application No. 39 of 1978. Thereafter, the respondent gave a public notice in local newspapers on 5th of May 1978, by which the respondent called upon all the employees to return to work on or before 8th May 1978 but by giving an undertaking, the text of which was reproduced in that advertisement. It was made clear to the employees that they would be allowed to resume work only on their giving an undertaking as mentioned in the advertisement.