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2004 Supreme(Bom) 237

S.T.KHARCHE
Zilla Parishad & another – Appellant
Versus
Moreshwar Vithobaji Mendhekar & another – Respondent


JUDGMENT - KHARCHE S.T., J.:—This writ petition takes an exception to the order dated 31-1-1991 passed by the Industrial Court, Nagpur, in Revision (ULPA) No. 96 of 1990 whereby the revision was allowed and the order dated 1-2-1990 passed by the Labour Court in Complaint (ULPA) No. 384 of 1986 was modified and it was declared that by terminating the services of the complainant, the respondents have engaged in unfair labour practice under Item No. I of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short the Act) and directing the respondents to reinstate the complainant/respondent No. 1 in service with continuity of service and pay full back wages from 15-5-1986 till the date of reinstatement.

2. Relevant facts are as under:

Respondent No. 1/complainant was appointed as Waterman with effect from 4-12-1984 and he joined his duty from 5-12-1984. He was in continuous employment of the petitioner since then till 15-5-1986 when his services were terminated without compliance of section 25-F of the Industrial Disputes Act, 1947 (for short I.D. Act). One Harichandra was appointed in lieu of the respondent No. 1 and since






















































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