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2006 Supreme(Bom) 902

R.M.S.KHANDEPARKAR, S.R.SATHE
BHARAT SANCHAR NIGAM LTD. , PUNE – Appellant
Versus
BALASAHEB MARUTI POOJARI – Respondent


JUDGMENT

S. R. SA THE, J. :~ This Letters Patent Appeal is directed against the judgment and order passed by the learned single judge of this Court in Writ Petition No. 4974 of 2001, whereby the order of rejecting Reference passed by the Presiding Officer, First Labour Court, Pune was set aside and the petitioner workman was directed to be reinstated with continuity of service and backwages from date of reference till reinstatement of service.

2. Brief facts giving rise to this Appeal are as under : -

One Balasaheb Maruti Poojari, respondent No. 1 in the present appeal, was working with Bharat Sanchar Nigam Ltd. as a Casual Mazdoor since 22 -51984. According to him, he continuously served there upto 28 -2 -1985, on which day his services were orally terminated. As he had served continuously for more than 240 days and was terminated without any notice or payment of wages of one month in lieu of notice, he raised Industrial Dispute and prayed for reinstatement in service and backwages.

3. The Department of Telecommunication filed their written statement Exh -11 and contended that as there is inordinate delay of about 9 years in filing the Reference the same is not maintainable.

















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