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2000 Supreme(Bom) 882

D.D.SINHA
Executive Engineer, Maharashtra State Electricity Board Division, Morshi and another – Appellant
Versus
Industrial Court, Amravati and another – Respondent


JUDGMENT - D.D. SINHA, J.:---Rule returnable forthwith. Heard finally by consent of Shri Deshpande, learned Counsel for the petitioners, Shri Kankale learned Assistant Government Pleader for the respondent No. 1, and Shri Ghare, learned Counsel for the respondent No. 2.

2. The petition is directed against the order dated 24-1-2000 passed by the Industrial Court and order dated 12-6-1998 passed by the Labour Court. Shri Deshpande, learned Counsel for the petitioners, contended that respondent No. 1 filed Complaint (ULP) No. 139/1997 before the Labour Court challenging termination of his service and moved an application under section 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act for grant of interim relief. The learned Counsel contended that the Labour Court at the interlocutory stage without adjudicating the matter on merits, recorded a final finding that respondent No. 2/ complainant had worked for more than 240 days in a year before termination of his service and petitioners without following the provisions of section 25-F of the Industrial Disputes Act terminated service of the complainant. It is contended that by virtue of the







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