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2003 Supreme(Bom) 597

R.M.S.KHANDEPARKAR
New Hind Textile Mills – Appellant
Versus
Rashtriya Mill Mazdoor Sangh – Respondent


JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard learned Advocates for the parties.

Perused the records.

The petitioner challenges the judgment and order dated 19-6-2001 passed by the Industrial Court dismissing Appeal No. 36/97 which was filed by the petitioner against the judgment and order dated 5-12-1997 of the Labour Court in Application No. 83/94. The said application was filed by the respondents under section 78 read with section 42(4) of the Bombay Industrial Relations Act, 1946 (hereinafter called as the said Act) claiming permanency in the employment of the petitioner. The said application was allowed by the said order dated 5-12-1997 and the petitioners were directed to make the concerned operatives mentioned in the Annexure-A of the application as the permanent employee and the appeal filed against the same was dismissed by the impugned order. Hence, the present petition.

2. Contending that the six employees who were working in the electrical and mechanical department of the petitioner, had completed continuous service of more than 240 days in a year, the respondents approached the Labour Court seeking the relief of permanency to the said employees in the employment of the pe

















































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