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1995 Supreme(Bom) 537

NISHITA MHATRE
Parke-Davis (India) Ltd. – Appellant
Versus
Mahadev Bhiku Jadhav – Respondent


Advocates:
Advocate appeared.
Mr.J.P. Cama with Mr.G.S. Shetty & Miss Lilion S. Das for Petitioner
Mr.C.U. Singh with Mr.Mahesh Londhe for Respondent Nos.1 to 18 for Respondent

JUDGMENT :- Writ Petition No.1003 of 1996 has been filed by the Company challenging the order of the Industrial Court dated 19.12.1995. Writ Petition No.6385 of 1996 has been filed by the workmen impugning the same order insofar as it does not grant certain reliefs to them. The Industrial Court has declared that the company has committed an unfair labour practice under Items 6 and 9 of Schedule IV of the MRTU & PULP Act. The company was directed to confirm all the workmen in service as permanent workmen w.e.f. the date they were actually provided work as permanent workmen. The Company was also directed to pay the difference in wages to the workmen which they were entitled to as permanent workmen together with all other allowances and benefits, whether monetary or otherwise, enjoyed by the permanent workmen. The company was directed to provide work to these workmen and to treat them as permanent in service.

2. Although Writ Petition No.6385 of 1996 has been filed 18 workmen who were the complainants before the Industrial Court, all the workmen except two i.e. the petitioner Nos.8 and 18 have settled their dispute with the company. Thus, the petitions survive only


























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