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2005 Supreme(Bom) 1455

NISHITA MHATRE
NAVNATH MARUTI CHAVAN – Appellant
Versus
CONSERVATOR OF FOREST, PUNE – Respondent


Judgment

( 1 ) THIS petition challenges the judgment and order dated 13th September, 2001 passed by the Industrial Court, Pune in Complaint (ULP) No. 577 of 1998 dismissing the complaint. The complaint filed by the petitioner was under Items 5, 6, 9 and 10 of Schedule IV of the Maharashtra recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the Act" ).

( 2 ) THE petitioner joined the services as a forest worker on 13th July, 1995. He was required to do all the work that permanent employees were doing in the forest Department. However, despite completion of 240 days in service, the respondents did not make the petitioner permanent in employment. The petitioner was not paid wages which were payable to the permanent employees. The petitioner therefore filed complaint (ULP) No. 577 of 1998 under Items 5, 6, 9 and 10 of Schedule IV of the Act before the Industrial Court, Pune on 30th september, 1998. Written Statement was filed by the respondents on 25th february, 1999. The main contention raised in the Written Statement was that, although the petitioner had completed 240 days in service, it was not possible to make him permanent s





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