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2002 Supreme(Bom) 342

R.J.KOCHAR
Superintending Engineering Public Works Division & another – Appellant
Versus
Gajanan Shrinivas Kshirasagar & others – Respondent


JUDGMENT - R.J. KOCHAR, J.:---The Superintending Engineer and the Executive Engineer, Public Works Division, Kolhapur, both are aggrieved by the judgment and order passed by the Industrial Court in revision application on 17th June, 1994 under section 44 of the M.R.T.U. and P.U.L.P. Act, 1971. The present petitioners were the revision applicants before the Industrial Court challenging the judgment and order of the Labour Court granting reinstatement without backwages and continuity of service to the concerned respondent employee who had filed a complaint of unfair labour practice under section 28 of the M.R.T.U. and P.U.L.P. Act read with Item 1 of Schedule IV in which the Labour Court had passed the order as aforesaid.

2. It appears from the facts narrated in the record that the concerned employee, the respondent No. 1, was appointed on and from 10th December, 1981 as a typist-cum-clerk. It is an admitted position that he continued in employment with several breaks till 23rd April, 1984 when he was finally terminated from employment. It appears that first he approached the Industrial Court by his complaint on 28th July, 1984. It further appears that by its judgment and order dated









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