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2004 Supreme(Bom) 950

NISHITA MHATRE
Maharashtra State Electricity Board – Appellant
Versus
Suresh Ramchandra Parchure & another – Respondent


JUDGMENT - MHATRE NISHITA (Smt.), J.: - The petitioners have challenged the order dated 28th November, 1994 of the Industrial Court, Kolhapur passed in Complaint (ULP) No. 194 of 1989 directing them to extend the benefit of the General Order No. 74 to the first respondent workman from 1st April, 1980. The petitioners were further directed to pay consequential arrears of wages by implementing the order from 1st April, 1980.

2. The first respondent workman had joined services with the petitioners as a Lower Division Clerk on 10th April, 1964 and in the year 1971 was appointed to the post of Stores Assistant. On 17th March, 1975, pursuant to an enquiry held against the workman for certain acts of misconduct, the petitioners imposed punishment on the workman by withholding his increments for five years with cumulative effect. The workman appealed against this order. The Chairman of the petitioners allowed the appeal and reduced the punishment by considering the fact that no actual loss of property had been sustained by the Board. The punishment was reduced to withholding of increments for a period of two years with cumulative effect from the date of the original order of punishment whic










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