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2004 Supreme(Bom) 1279

F.I.REBELLO
Registrar, University of Mumbai – Appellant
Versus
Lata Bhor & another – Respondent


JUDGMENT - REBELLO F.I., J.: - Rule. By consent heard forthwith.

2. The petitioner University by the present action seeks to impugn the order of the Industrial Court dated September 6, 2002 partly allowing the complaint and holding that the petitioners herein are guilty of Unfair Labour Practice under Items 5 and 9 of Schedule IV of M.R.T.U. P.U.L.P. Act and further directing the petitioners herein to issue fresh appointment letter to the complainant with continuity of service after expiry of six months period of service.

It is contended on behalf of the petitioner that considering section 59 of the Maharashtra University Act, 1994 the Industrial Court would have no jurisdiction as in the case of termination it is the Tribunal constituted under the Maharashtra Universities Act, 1994 which alone would have jurisdiction in cases where the services of a teacher or other employee is dismissed or removed or his services are otherwise terminated or reduced in rank. It is pointed out that the respondent was appointed by letter dated 13th September, 1995 on purely temporary basis as junior typist-cum-clerk in the examination section for a period not exceeding six months. It is pointed o













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