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1997 Supreme(Bom) 543

F.I.REBELLO
Executive Engineer & another – Appellant
Versus
Anant Yadao Murate & another – Respondent


Judgment

REBELLO F.I., J.:---Though the impugned orders are different, nevertheless both the petitions have been taken up for consideration together as common questions of law arise.

2. Writ Petition No. 1587 of 1996 has been filed by the Executive Engineer, Yavatmal Medium Project, Yavatmal Division and another. The petitioners had engaged the services of the respondent No. 1 for the purpose of construction of Medium Irrigation Project namely Gokhi, Waghadi, Deogaon, Antargaon and Sakhali-Nala Projects since 1st April, 1980. The respondent No. 1 was engaged on daily wages. On the project work being completed the services of the respondent No. 1 were terminated after preparing a seniority list. A notice of termination was served on the respondent No. 1, 90 days prior to the date of termination. The respondent No. 1 filed a complaint on 8th October, 1985. It may be mentioned that the notice is dated 15th April, 1985. 3 months, therefore expired in July, 1985. The complaint was filed by six workers of which the respondent No. 1 was one of the complainants. In the complaint it was contended that the respondent No. 1 had worked continuously for 5 years without any break and he was liable





























































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