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2008 Supreme(Bom) 88

B.H.MARLAPALLE
Malegaon Nagar Palika – Appellant
Versus
Vasant Nathu Kale – Respondent


Advocates:
Advocate appeared
Mr. A.V. Bukhari with Mr. B.V. Bukhari for petitioner.
Ms. Subhangi Borade i/by Ms. Seema Sarnaik for respondent nos.2, 14, 35, 41 to 44, 46, 48 to 53, 76, 85, 90, 92 and 93.

JUDGEMENT

1.126 daily rated casuals appointed by the petitioner -Municipal Council had approached the Labour Court at Nasik by filing individual applications registered as Application (IDA) Nos. 483 to 608 of 1985 under Section 33C(2) of the Industrial Disputes Act, 1947 (for short the Act) and all these applications have been allowed by the impugned common judgment and order dated 31/12/1994. The applications were made on two grounds, namely, (i) the applicants were performing the same work as assigned to and discharged by the regular employees of the Municipal Council and, therefore, on the basis of "equal pay for equal work" they were entitled for the same monetary benefits as were applicable to the regular employees in the respective grades/jobs and (ii) that the Bhole Pay Commission recommendations as well as the award passed by the Industrial Tribunal in Reference (IT) No.31 of 1983 on 29/3/1984 and published by the State Government in its Gazette dated 15/11/1984 as well as the Part II Award published by the State Government in its Gazette dated 28/6/1987 was applicable to them. The Labour Court in the impugned award has accepted both the grounds and directed the payment of d




















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