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2008 Supreme(Bom) 270

B.H.MARLAPALLE
Commissioner – Appellant
Versus
Mahanagar Palika Karmachai Sangh – Respondent


Advocates appeared
Mr. A.A. Kumbhakoni, advocate for the petitioner
Mr. M.S. Topkar, advocate for respondent no.1

JUDGEMENT

The Respondent Corporation is aggrieved by the Judgement and order rendered by the Industrial Court at Kolhapur on 10-9-1996 thereby allowing Complaint(ULP)No. 36/1991. By the said Judgement and order, the Industrial Court directed to pay arrears of wages and other benefits to all the five Complainants for the period from 3-3-1989 to 16-10-1989.

2. It appears that there was a strike called by the employees of the Corporation from 20-1-1989 to 29-1-1989 and during this period of strike on 24-1-1989 at about 11.15 p.m. at Venus Corner, Near Usha Theatre within the limits of Shahupuri Area police station, the police constable by name Shri Sanjay Dalvi came out of the Indraprastha hotel after his dinner and while he was walking towards the Shahupuri police station, he had noted a group of four persons trying to open the drainage and,therefore, when he proceeded towards the spot, three of them ran away and the 4th person who had climbed down into the drainage i.e. Sunil Najaruddin Shaikh alias Pandat was caught. He was taken to the police station and he disclosed the names of other 3 persons who ran away as well as the names of two other persons who ha




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