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2010 Supreme(Bom) 580

R.C.CHAVAN
Maharashtra State Power Generation Company Limited, KORADI – Appellant
Versus
Suresh Shantaram Ghode – Respondent


Advocates Appeared:
Shri R.E. Moharir, Advocate for Petitioner.
Shri M.R. Pillai, Advocate for Respondent No.1.
Smt. I.L. Bodade, AGP for Respondent No.2.

JUDGMENT

1. This petition by the employer is directed against an award by the learned Presiding Officer of the First Labour Court, Nagpur, whereby he directed the petitioner to reinstate respondent No.1/workman with 50% back wages from the date of termination till reinstatement with 50% back wages.

2. Facts relevant for deciding the petition are as under : Respondent No.1workman claimed to have been engaged as helper on daily wages since 1976 at Khaparkheda and Koradi Thermal Power Stations of the petitioner till 4101982. On 4101982, his services were terminated without complying with the provisions of Section 25F of the Industrial Disputes Act. Respondent No.1 contended that rule of 'last come first go' was not followed and several juniors of respondent No.1 were retained. Therefore, branding his termination as illegal, he issued approach notice. Since the conciliation proceedings failed, the Deputy Commissioner of Labour made a reference to the Labour Court.

3. The petitioner claimed that employment at Khaparkheda unit could not be clubbed with that at Koradi unit, since they are separate and independent units. At Koradi unit, from 821980 to 411982, respondent No.1 was engaged onl































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