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2005 Supreme(SC) 1053

ARIJIT PASAYAT, H.K.SEMA
State Of Maharashtra – Appellant
Versus
R. S. Bhonde – Respondent


Judgment

Arijit Pasayat, J.—State of Maharashtra and the Punjabrao Krishi Vidyapeeth (hereinafter referred to as the ‘University’) question legality of the judgment rendered by a Division Bench of the Bombay High Court, Nagpur Bench. By the impugned judgment the High Court directed that there was no necessity for obtaining approval of the State Government for the purpose of treating the respondents (hereinafter referred to as the ‘employees’) as the permanent employees w.e.f. 7.11.1983 and that they are entitled to all benefits from the date as permanent employees.

2. Background facts in a nutshell are as follows:

The respondents and several others, who according to the appel­lants were engaged on seasonal basis, approached the Industrial Court, Maharashtra, Nagpur Bench, Nagpur by filing complaint purportedly under Section 28 read with Item 6 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the ‘Act’). The case of the complainants was that they were continu­ously working with the present appellant No.2-University in the College of Agriculture, Nagpur without any break in service as daily-wage









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