Maharashtra General Kamgar Union vs Estrella Batteries Ltd. And Ors. on 19 September, 2003
In Vaman Maruty Gharat's (supra) case, on account of difference of opinion between the members of Bench, the matter was placed for consideration before the 3rd Judge and Shri R.A. Jahagirdar, J., while dealing with the matter while agreeing with the view expressed by Shri P.B. Sawant, J. had placed reliance in the decision of the Division Bench in S.R. Samant's case and had taken note of the clear finding of the Division Bench in that regard to the effect that, "this must, however, be borne in mind that the dividing line between justified and unjustified insistence on such bond is very thin. The Court has to scrupulously guard against the danger of this being abused making it a just a pretext for coercing workmen to give up their just struggle with legitimate means. "Further, while agreeing with the views expressed by Justice Sawant, it was held that if the undertaking required from the employee is merely to say that he was calling of the strike which had to be held to be illegal, one would not be able to complain about the same but if it includes the confession on the part of the employee regarding the illegality of the strike or any violent acts on the part of the employees then it may not be permissible to insist upon such undertaking.