DOODH KAMGAR SABHA Vs. ZURISINGH BEECHUSINGH AND CO

JUDGEMENT

(1.) THIS writ petition takes exception to the judgment and order passed by the Industrial Court, Mumbai, dated August 23, 1999, in complaint (ULP) No. 555 of 1993. The complainant was filed by the Kamgar sabha against the establishment. Respondent No. 1 is a registered partnership firm engaged in the business of stable. The said partnership firm is the licensee of Unit No. 17 belonging to Aarey Milk Colony. Respondent No. 2 is one of the partners of the said firm. It is the case of the petitioner-complainant that respondents own 130 buffalos in the said Unit No. 17 belonging to aarey Milk Colony and had employed 13 workmen to carry out the day to day work, such as cleaning, milking, etc. The workers came together and formed petitioner Union some time in 1992. As the workers came together and formed union, obviously there was resistance from the respondents. The differences between the workmen and the establishment with the filing of complaint by the petitioner bearing Compliant (ULP) No. 181 of 1993 complaining of unfair labour practice against the respondents under Item 1 (a) of Schedule II and item 9 of Schedule IV of the M. R. T. U. and P. U. L. P. Act, 171. In the said complaint, application for interim relief was made and upon considering the materials on record, the Court granted ad interim relief which reads thus:

(2.) THE said complaint was eventually decided in favour of the petitioner on 28th June, 1999. The operative part of the order passed in favour of the petitioner read thus:

(3.) IN the interregnum, however, the respondents filed complaint, being compliant (ULP) No. 488 of 1993 against the petitioner Union alleging that the workmen have resorted to an illegal strike with effect from 14th April, 1993. In that complaint, ad interim order was passed on April 15, 1993, on the following terms: