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2008 Supreme(Bom) 1420

NISHITA MHATRE
DEEPAK GANPAT TARI – Appellant
Versus
NEW EXCELSIOR THEATRE PVT. LTD. – Respondent


Advocates appeared:
Mr.Ashok D. Shetty with Ritu Joshi for Petitioner
Mr.R.S. Pai with Pallavi Dedia i/b Sanjay for Respondent

JUDGEMENT:

1. The petition challenges the award in Reference (IDA) No.396 of 1992 passed by the 6th Labour Court, Maharashtra, Mumbai dated 25.10.1996. By this award, the Labour Court has directed the respondent employer to pay Rs.40,000/- as compensation to the Petitioner after concluding that the Petitioner's services were illegally terminated. He has also held that the respondent company did not prove that the Petitioner had abandoned his service.

2. The facts giving rise to the present petition are as follows: The Petitioner who was employed with the respondent company was instrumental in formation of a union of the workers employed by the Company in 1980. A charter of demands was served on the Company in 1981. The services of 2 members of the Union committee were terminated soon thereafter. A strike was declared and the workmen demanded that the termination orders issued against the 2 employees and other temporary workmen be withdrawn. The strike was declared illegal by the Labour Court on 19.5.1981. The Respondent Company called upon the workmen to report for work. Accordingly, all the workmen reported for work on 20.5.1981. However, the 2 employees who had been removed and th











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