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2009 Supreme(Bom) 460

J.H.BHATIA
Zilla Parishad, Gadchiroli – Appellant
Versus
Prakash s/o Nagorao Thete – Respondent


Advocates appeared
Mr.J.Mokadam, Advocate for the petitioners.
None for the respondent no.1.
Smt.A.R.Taiwade, A.G.P. for respondent no.2

JUDGMENT:

1. To state in brief, respondent no.1 had filed the complaint (ULP) No.68 of 1992 before the Labour Court, Chandrapur alleging unfair labour practice on the part of the present petitioners under Section 28 r/w Item No.1(b)(d) and (f) to Schedule IV of MRTU and PULP Act and claimed reinstatement with continuity of service with full back wages. He contended that he was initially appointed as helper in the Mechanical Section, Irrigation Division of Zilla Parishad, Gadchiroli on daily wages as per the order dated 2/9/1983 passed by the Executive Engineer, Irrigation, Z.P. At that time, he was paid wages at the rate of Rs.13.90 Ps. per day. The wages were paid for the work done as unskilled heavy rate. According to him, even though an order dated 28.5.87/1.6.87 was issued, terminating his services w.e.f. 31/5/1987, he was not relieved from his duties and he continued to work on the same post till 20/9/1989 when he was not allowed to perform his duties and by oral order his services were terminated. According to him, he had worked for more than six years when his services were terminated. No reason was given for termination. No enquiry was held, no notice was given to him about



























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