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PETITIONER: RAJA KULKARNI AND OTHERS
Vs.
RESPONDENT: THE STATE OF BOMBAY.
DATE OF JUDGMENT: 24/11/1953
BENCH: HASAN, GHULAM BENCH: HASAN, GHULAM SASTRI, M. PATANJALI (CJ) MAHAJAN, MEHR CHAND DAS, S.K. BOSE, VIVIAN
CITATION: 1954 AIR 73 1954 SCR 384 CITATOR INFO : R 1956 SC 367 (9) R 1982 SC1397 (4) E 1985 SC 311 (19)
ACT: Constitution of India, arts. 19(1)(a) and (c)-Bombay Indus- trial Relations Act, 1946, ss. 3(32), 12, 13-Industrial Disputes (Appellate Tribunal) Act, 1950, ss. 24, 27-Strike pending appealIllegality-Classification of union as "representative" and "qualified" "cording to percentage of membershi--Infringement of fundmental right to freedom of speech and to form associations.
HEADNOTE: A strike during the pendency of an appeal would be an illegal strike under ss. 24 and 25 of the industrial Disputes (Appellate Tribunal) Act, 1950, even though the appeal is not a valid or competent one. The Bombay Industrial Relations Act, 1946, provided that a union may be registered as a "representative union" if it had a membership of not less than 15 per cent. of the total number of employees employed in any industry in any local area and if a union had a membership of less than 15 per cent and not less than 5 per cent. it can be registered only as "qualified union" : Held, that the above pr...