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2011 Supreme(Bom) 1157

S.C.DHARMADHIKARI
Divisional Forest Manager – Appellant
Versus
Shri Vinayak Kurne – Respondent


Advocates Appeared:
For the Petitioners:K.K. Malpathak, Advocate.
For the Respondents:R1, V.H. Shekdar, Advocate.

Judgment :

1. Rule. Respondents waive service in both petitions. By consent, Rule made returnable forthwith. As both Writ Petitions involve common questions of facts and law, they are being disposed of by this common judgment.

2. By Writ Petition No.3208/2011 under Articles 226 and 227 of the Constitution of India, the Petitioner challenges the orders passed by the Industrial Court and the Labour Court on 2nd February, 2011 and 25th October, 2007 respectively.

3. The Labour Court by the order dated 25th October, 2007 passed in Complaint (ULP) No.317 of 2002 has directed the Petitioners before this Court to reinstate the Respondent/Complainant in service on the original post and place him anywhere where work is available. However, he should be given continuity of service and full back wages from the date of his termination till the date of the order of the Labour Court by adjusting monthly wages and other benefits given to the Respondent/Complainant during the pendency of the complaint.

4. A Revision Application (ULP) No.23 of 2008 filed by the Petitioners has been dismissed by the Member, Industrial Court at Pune on 2nd February, 2011, thereby, upholding the order of the Labour Cour

















































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