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2006 Supreme(Bom) 1490

B.P.DHARMADHIKARI
HARIRAM s/o TUKARAMJI AMBULKAR – Appellant
Versus
BHATKULIT ALUKA SAHAKARI SHETKI KHAREDI VIKRI SANSTHA LTD. , AMRAVATI – Respondent


JUDGMENT :_ The petitioners before this Court are employees of respondent No. 1 Co-operative Society. Respondent No. 1 is duly registered under the provisions of Maharashtra Co-operative Societies Act, 1960. Respondent No. 2 is the Industrial Court functioning under provisions of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 hereinafter referred to as MRTU Act. before which the petitioners filed a U.L.P. Complaint and the same has been held to be not maintainable in view of section 91 of Maharashtra Co-operative Societies Act. hereinafter referred to as MCS Act. The said judgment and order of respondent No.2 Industrial Court is questioned in present writ petition.

2. All petitioners state that they are working as Salesmen in the shop of respondent No.1 and get the total salary of Rs. 1060/- only per month. On 19-11993, respondent No. 1 Society passed Resolution No.7 and decided to recover amount from salary of petitioners on the ground of alleged shortage as mentioned in audit note for the year 1983-84. Accordingly it issued an order dated 29-41993 proposing recovery from June. 1993. Total recovery proposed from salary of petitioner Nos








































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