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2009 Supreme(Bom) 1380

P.R.BORKAR
Adarsha Shikshan Sanstha Beed, through its Secretary – Appellant
Versus
Jaiprakash Ramvilas Lohia R/o. Thegdi Galli – Respondent


Advocates appeared:
For the Petitioners:C.V. Thombre, Advocate. For the Respondents:
D.V. Tele, A.G.P.

Oral Judgment:

1. This writ petition is challenging the order passed by the Labour Court, Aurangabad, in Complaint (ULP) No.162 of 1987, decided on 17.02.1993, whereby it is declared that the present petitioners have engaged in unfair labour practice under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act (for short “MRTU & PULP Act”), by terminating services of the complainant and they were directed to desist from indulging in any unfair labour practice and to reinstate the respondent No.1 in service with continuity and back wages w.e.f. 15.06.1987, which order further came to be confirmed by the Member, Industrial Court, Aurangabad, by order dated 10.05.1995, passed in Revision (ULP) No. 41 of 1993.

2. Admittedly, respondent No.1 Jaiprakash Lohia was working as a peon in the school run by petitioner No.1 of which petitioner No.2 was Headmaster. As stated by the Labour Court in para 2 of its judgment, respondent No.1 claimed to have appointed as a peon in the school on 05.10.1984 for academic year 1984-85. From 09.10.1984 onwards he continuously worked till 15.06.1987. On 15.06.1987 he was orally terminated. There was no compliance of Secti






















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