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2010 Supreme(Bom) 733

S.J.VAZIFDAR
Ramesh Vitthal Patil – Appellant
Versus
Kalyan Dombivali Municipal Corporation – Respondent


Advocates appeared:
For the Petitioners:Y.M. Pendse, Advocate.
For the Respondents:A.S. Rao, Advocate. For the Intervenor: Mrs.Gayatri Singh, Municipal Karmachari Kamgar Sena.

JUDGMENT

1. The first two matters are cross Writ Petitions. The 25 petitioners in Writ Petition No.443 of 2010 are the respondents in Writ Petition No. 565 of 2010. The petitioners in Writ Petition Nos. 565 of 2010 and 901 of 2010 viz. The Kalyan-Dombivali Municipal Corporation and its Commissioner respectively, are respondent Nos. 1 and 2 in Writ Petition No. 443 of 2010. I will for convenience refer to the petitioners in Writ Petition Nos. 443 of 2010 as the complainants and to respondent No.1 therein i.e. the petitioner in Writ Petition Nos. 565 of 2010 and 901 of 2010 as the Corporation. The counsel agree that the decision in Writ Petition No. 901 of 2010 will follow the decision in the other Writ Petitions.

2. The petitioners in all the writ petitions have challenged the order passed by the learned Member of the Industrial Court, Thane in the complaint filed by the complainants under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The Corporation has challenged the order in so far as it allows the complaint filed by the workers granting them permanency and the benefits of permanency and all other consequential benefits arising th











































































































































































































































































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