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2019 Supreme(SC) 946

R.BANUMATHI, A.S.BOPANNA
Dharamraj Nivrutti Kasture – Appellant
Versus
Chief Executive Officer – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Sanjay Kharde,Adv. Mr. Samrat Shinde,Adv. Mr. Sant Dharamveer Chotiwala,Adv. Mr. Ravindra Keshavrao Adsure, AOR
For the Respondent(s): Mr. Sagar N. Pahune Patil,Adv. Mr. Sunil Kumar Verma, AOR

JUDGMENT :

BANUMATHI, J.

Leave granted.

2. This appeal arises out of judgment and order of the High Court of Judicature at Bombay in Writ Petition No.3353 of 2002 dated 07.01.2016 in and by which the High Court has set aside the order of the Labour Court and the Industrial Tribunal of reinstatement of the appellant. However, the High Court has directed the respondent-Zilla Parishad to pay compensation of Rs.50,000/-in lieu of reinstatement of the appellant and in full quit of all claims.

3. The appellant was appointed as peon in Zilla Parishad on 23.03.1983 on daily-wage basis for a period of two months and his services were discontinued from 31.12.1987 by Order dated 07.01.1988. The appellant filed a complaint under Sections 28 read with clause 1(a), (b), (d), (e) and (f) of Schedule IV of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. The appellant has alleged that he has completed 240 days in each year and his services were terminated by the respondent-Zilla Parishad in violation of Section 25-F of the Industrial Disputes Act, 1947 and thus the appellant has prayed for reinstatement with back wages in the service and with continuity of

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