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2004 Supreme(Bom) 809

NISHITA MHATRE
Sudhir Janardhan Desai – Appellant
Versus
Hyphosphite & Co. & others – Respondent


JUDGMENT - MHATRE NISHITA, J.

:-Both these writ petitions are being heard together as the parties involved are common and the facts involved in both the matters are common.

2. The petitioner-workman was employed in a partnership firm, namely, Hyphosphite Co. since February, 1973. Respondent Nos. 2 and 3 are the partners of that firm. The services of the workman came to be terminated on 10th June, 1979 whereupon he raised a dispute and the matter was referred for adjudication before the Labour Court. As the firm and its partners did not remain present, though served, the Labour Court passed an ex parte Award on 29th January, 1987 directing the firm and its partners to reinstate the workman with continuity of service and back wages. The firm and its partners refused to comply with the award and, therefore, the workman filed an application under section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as '' the Act'') for recovery of the dues payable under the award. This application was granted again by an ex parte order on 25th April, 1991. The partners then filed an application for setting aside the ex parte order passed by the Labour











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