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2008 Supreme(Bom) 1086

SWATANTER KUMAR, A.P.DESHPANDE
State of Maharashtra – Appellant
Versus
Pandurang Sitaram Jadhav – Respondent


Advocates appeared
Mr. A.P. Vanarse AGP for the Appellants
Mr. S.M. Dharap i/b Mr. Neel Helekar for the Respondent

JUDGMENT

A.P. DESHPANDE, J .:

1. These Letters Patent appeals involved a common question of fact and Law and hence the Appeals are heard together and are being disposed of by this common judgment.

2. Few facts that are relevant for adjudication of the issues are narrated hereinbelow. The appellant in all these appeals is the State of Maharashtra, through The Dairy Manager, Government Milk Scheme, Chiplun who appointed the respondents herein as daily wagers in the establishment of the dairy on payment of Rs. 81.29 Ps. Per day. The respondents daily wagers have been in service of the appellant for a longer period running between 12 to 20 years. As the respondents were not granted permanancy in serbvice, they filed a complaint before the Industrial Court under Item 5,6 and 9 of Scheduled IV of the M.R.T.U. & P.U.L.P. Act 1971. It was contended before the Industrial Court that the daily wagers were not granted permanency with an object to deprive them of the benefits of permanencny which is an unfair labour practice. It was also contended that the daily wage employees are entitled to permanency on account of they having put in 240 days of































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