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2014 Supreme(SC) 947

ANIL R.DAVE, R.BANUMATHI
Manager (Factory) Maharashtra State Cooperative Marketing Federation Ltd. – Appellant
Versus
Suresh – Respondent


Advocates Appeared:
For the Appellant: Vinay Navare, Satyajeet Kumar, Keshav Ranjan and Gwen K.B., Advs. for Abha R. Sharma, Adv.
For the Respondent: Dilip Annasaheb Taur and Amol V. Deshmukh, Advs.

Judgment :

Anil R. Dave, J.

1. Leave granted.

2. The learned Counsel appearing for both the sides have requested for quick disposal of the appeal and we are also of the view that earlier disposal of the appeal would be in the interest of justice as well as the parties to the litigation. In the circumstances, the appeal is heard and decided today.

3. The Respondent had been appointed as a peon on daily-wage basis on 1st July, 1994 and was discontinued from service from 4th March, 1996, without making any payment of retrenchment compensation.

4. It is an admitted fact that the Respondent had not been engaged to work by following the normal practice and thus he was engaged by way of "back door entry".

5. The Respondent had challenged his termination by approaching the Labour Court, Nanded (Maharashtra). The Labour Court, by its Award dated 29th December, 2010, in Comp.ULP/No. 2/1996, decided in favour of the Respondent, whereby it was directed that he should be reinstated in service with continuity of service from 4thMarch, 1996, but without back wages.

6. The said Award has been affirmed by the learned Single Judge of the High Court by its judgment and order dated 27th March, 2014, passed i






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