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2009 Supreme(Bom) 1021

S.R.DONGAONKAR
SUB DIVISIONAL OFFICER, PUBLIC WORKS DIVISION – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
P.D.KOTHARI, S.A.KALBANDE

( 1 ) HEARD learned counsel.

This petition has been filed under articles 226 and 227of the Constitution of India to challenge the order of Presiding Officer, Labour Court, Nagpur dated 18. 8. 1997, which reads thus: the reference is answered in affirmative 2. Oral termination of the party No. 2 w. e. f. 20. 4. 1986 stand quashed and set aside being illegal and improper. 3. Party no. 1 is directed to reinstate the Party no. 2 in the post last held by him and pay him full full back-wages from 23. 10. 1989 when he has approached before the Conciliation Officer onwards till he is reinstated. 4. Copies of award be sent to Commissioner of Labour, Mumbai, through the Deputy Commissioner of Labour, Nagpur for information and necessary action. 5. Papers in conciliation proceedings be returned to Deputy Commissioner of Labour, Nagpur. 6. The parties bear their own cost.

( 2 ) RESPONDENT no. 1 was in service of the petitioner. He was working as Oilman / labour on Jam Warora Road w. e. f. 1. 11. 1983 on daily wages. It is alleged by the petitioners that he had himself absented from the work w. e. f. 7. 2. 1986, without any intimation. He did not resume the duties despite letters dated 21. 4. 19

















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