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2010 Supreme(Bom) 1248

V.R.KINGAONKAR
Indo-European Brewaries Ltd. – Appellant
Versus
Dnyaneshwar s/o. Shyamrao Dhanwate – Respondent


Advocates Appeared:
Mr. T. K. PRABHAKARAN, Advocate for the Petitioner.
Mr. P. L. SHAHANE, Advocate for the Respondents No.1 to 9,11 to 13, 15, 16 and 18 to 21.
Mr. R. N. DHORDE, Advocate h/f Mr. U. S. SA WH, Advocate for the Respondent No.23.

JUDGMENT

The petitioner is a registered Company. By this petition, the petitioner impugns judgment and order rendered by learned Member, Industrial Court, Aurangabad, in complaint (ULP) No.52/2005. By the impugned judgment, the complaint filed by respondents No.1 to 22 came to be allowed and the petitioner was directed to allow them to resume their duties and also to pay full backwages to them from 8th March, 2005 until they have been reinstated.

2. The respondents No.1 to 22 filed complaint application (ULP) No.52/2005 alleging that the petitioner - Company committed unfair labour practices as envisaged under Items 9 and 10 of Schedule-IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. 1971 (for short, "the MRTU & PULP Act"). The respondent No.3 - A.B. Contractors was not initially joined in the proceedings instituted by the respondents No.1 to 22, who will be hereinafter referred as 'workmen', but was joined subsequently at the instance of the petitioner. For, the petitioner asserted that the workmen were the employees of the respondent No. 23 which is a duly registered Labour Contractor. The petitioner's case before the Industrial Cou




































































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