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2003 Supreme(Bom) 706

R.M.S.KHANDEPARKAR
Raju Sankar Poojary – Appellant
Versus
Chembur Warehouse Company & another – Respondent


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

2. The petitioner challenges the award dated 23-1-2001, passed by the Labour Court at Mumbai in Reference (IDA) No. 344 of 1997. The grievance of the petitioner is that inspite of illegal termination of his services being established, the Labour Court erred in not ordering reinstatement and awarding full back wages for the period from the date of termination till the date of closure of the undertaking and by restricting the relief only to the payment of closure compensation.

3. The petitioner joined the respondent-company as a clerk some time in the year 1985. On complaint that his services were illegally terminated from 16-11-1995 and pursuant to the conciliation proceedings having failed, the matter was referred for adjudication of the issue as to whether the petitioner should be ordered to be reinstated with full back wages and with continuity of service with effect from 16-11-1995 to the Labour Court. It is the case of the petitioner that his services were orally terminated without any justifiable reason. On the other hand, it was the case of the respondent-company that inspite








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