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Guijarno, et al. vs. Court of Industrial Relations, et al.

VALENTIN GUIJARNO, HERMINIGILDO DE JUAN, NICOLAS CASUMPANG, ELEUTERIO BOBLO, BENITO GUAVEZ, ARSENIO JEMENA, DIMAS BOCBOCILA, NICOLAS ALAMON, ISMAEL BILLONES, RAYMUNDO ALAMON, SANTIAGO BA?ES, SOFRONIO CONCLARA, ADRIANO BI?AS, AURELIO ALAMON, SIMEON BERNIL,

G.R. Nos. L-28791-93 | 1973-08-27

D E C I S I O N

FERNANDO, J:
The failure of respondent Court of Industrial Relations to order the reinstatement of petitioners to their employment gave rise to this appeal by way of certiorari. The need for resort to this Court could have been obviated had there been no such marked inattention to the authoritative principle that a closed-shop provision of a collective bargaining contract is not to be applied retroactively for, at the time the decision was rendered on November 2, 1967 and its affirmance by a resolution of respondent Court en banc on January 22, 1968, such a doctrine was controlling and did call for application. So it was...