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2006 Supreme(Bom) 1485

B.P.DHARMADHIKARI
Mahindra and Mahindra Ltd. – Appellant
Versus
Manoj s/o. Sukhdeo Deshpande – Respondent


JUDGMENT:- The respective respondent No.1 in all these petitions filed separately. 38 U.L.P. Complaints under Section 28 of Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971, (hereinafter referred to as MRTU Act) for declaration that their employer M/s. Mahindra and Mahindra has indulged in unfair labour practice falling under item 5 and item 9 of Scheduled IV thereof by not making them permanent in service and by engaging the juniors and others employees in their place. These complaints have been registered as Complaint (ULPN) Nos.416 to 438 of 2004, 440 to 451 & 454 of 2004, 22/2005 and 261 2005. The learned 'member of Industrial Court has disposed of all these complaints by common order on 25th November, 2005 and while partly allowing the complaints, gave 'declaration that employer has indulged in unfair Labour practice under items 5 and 9 of Schedule IV and directed employer to give confirmation to all complainants under clause 4-C of Model Standing Orders from the date of institution of Complaints. Present petitions are filed by employer challenging said order. The matter has been admitted on 13-2-2006 and this court while granting inter












































































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