SHANKARRAO MARUTI NAGANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AS these two petitions under Article 226 of the Constitution raise common questions and impugn the same action of the respondent, the State of Maharashtra, we propose to dispose of them by one judgment.

(2.) NARSING -Girji Manufacturing Company Limited (hereinafter referred to as 'the Company')i now in liquidation, owned textile mills at Sholapur. Certain disputes between the employees of all textile mills at Sholapur including the Company and their employees were referred for adjudication under the Bombay Industrial Relations Act, 1946. Reference No. 10 of 1946 related to the claim of operatives, while references Nos. 3 to 8 of 1948 related to the claims of the clerical staff. Awards in both those references were made in 1948. By the said awards, dearness allowance at a certain rate was directed to be paid by these textile mills to their employees.

(3.) IN the event of Government taking over the services of any labourers or employees who were engaged by the previous management, the taking over of such services will be on the basis of a new contract of employment between Government as the employers and such labourers and workmen as employees during the subsistence of the lease.