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1993 Supreme(Bom) 34

H.D.PATEL, M.B.GHODESWAR
Maniram s/o Nayansingh Thapa and others – Appellant
Versus
Richardson and Cruddas (1972) Ltd. – Respondent


JUDGMENT- H.D. PATEL, J:---The appellants were in employment of the respondent Company since the year 1968-69 and belonged to the security staff. They are dismissed from service by the Company vide order dated 1-7-1986 with immediate effect. The order of dismissal was challenged by the appellants under sections 78 and 79 of the Bombay Industrial Relations Act. The Labour Court dismissed the application. On appeal being preferred to the Industrial Court, it came to be allowed. The order of dismissal issued to each of the appellants was held to be illegal, improper and the action was held to be an illegal change. As a result thereof, each of the appellants was ordered to be reinstated in service with continuity of employment and payment of back wages. The order passed by the Industrial Court was challenged by the respondent Company in Writ Petition No. 53 of 1992. Vide order dated 6-4-1992 the order passed by the Industrial Court was set aside and the Writ Petition came to be allowed. It is against the said order this Letter Patent Appeal is filed.

2. Though the appellants were engaged earlier, they were allotted quarters in the year 1974. The allotment was subject to conditions ment











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