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2000 Supreme(Bom) 505

R.J.KOCHAR
Divisional Controller, M. S. R. T. Corporation – Appellant
Versus
Rafiuddin Sk. Habib – Respondent


JUDGMENT - R.J. KOCHAR, J.:---The petitioner, a statutory corporation established under the Road Transport Corporations Act, 1950, is aggrieved by an order dated 7th February, 1992 passed by the Industrial Court, Maharashtra at Nasik in Complaint (ULP) No. 218 of 1989 filed by the present respondent under section 28 read with Items 9 and 10 of Schedule IV of the M.R.T.U. and P.U.L.P. Act, 1971 praying for a declaration that the present petitioner had engaged in an unfair labour practice within the meaning of the aforesaid items and further praying for employment of his son under the Corporation on compassionate grounds as provided under its circular dated 10th September, 1975 modified by the subsequent circulars dated 15th October, 1987 and 9th December, 1988 whereunder the petitioner Corporation appears to have formulated a scheme to employ the sons or daughters of such employees who were declared medically unfit to be continued in its employment.

2. The undisputed facts are that the respondent was in employment of the petitioner corporation as a driver and was terminated from employment on 23rd October, 1987 on the ground that he was medically unfit. He made an application on 29t















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