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1991 Supreme(Bom) 264

H.H.KANTHARIA
Chief Officer, Sangli Municipal Council, Sangli – Appellant
Versus
Dharamsing Hiralal Nagarkar – Respondent


JUDGMENT - H.H. KANTHARIA, J.:---The respondent-workman was appointed as a Bill Clerk in the Public Works Department of the Sangli Municipal Council in vacant post with effect from June 1, 1979. He was given appointment orders every month and thus continued in the employment till August 1, 1980. Thereafter, he was again appointed for one month upto August 31, 1980 and then no orders of appointment were issued in his favour. Instead an order appointing one K.G. Londhe with effect from September 1, 1980 was passed. According to the respondent-workman, since he had continuously worked for a period of fifteen months in the Public Works Department of the Sangli Municipal Council he was entitled to be made permanent as a Bill Clerk and was further entitled to be continued in the services even after August 31, 1980 by virtue of the provisions of the Award made in Reference (IT) No. 102 of 1955. His grievance was that by failing to implement the provisions of the said Award and not making him permanent the petitioner committed unfair labour practice covered by Item 9 of Schedule IV of the MRTU PULP Act, 1971. It is also his contention that although he had continuously worked for fifteen









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