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2010 Supreme(Bom) 1585

NISHITA MHATRE
Keru Kisan Rokade – Appellant
Versus
Geoffery Manners & Co. Ltd. , Nasik – Respondent


Advocates Appeared:
For the Petitioner:M.S. Karnik with H.M. Inamdar, Advocates.
For the Respondent:J.P. Cama, Sr. Advocate, i/b. Crawford Bayley & Co., Advocates.

Judgment :

1. The Award in Reference (IDA) No.48 of 1991 passed by the Presiding Officer, Labour Court, Nasik on 5th January, 1998 has been challenged in this Writ Petition. The said Reference has been dismissed.

2. The petitioner was initially appointed on a temporary basis with the respondent-Company. Although his appointment was for a fixed period, he was continued in service from time to time. According to the petitioner, he worked for several years without being made permanent. His services were terminated by the respondent on 5th September, 1989. The petitioner, therefore, approached the machinery available under the Industrial Disputes Act, 1947, (for short “the I.D. Act”), and obtained a Reference for adjudication of his dispute with respect to reinstatement with continuity of service and back-wages.

3. In his statement of claim, the petitioner pleaded inter alia that he had worked continuously with the respondent from 4th August, 1984 to 4th September, 1989 and had put in more than 240 days in each year of service. He contended that his services were terminated without following the due process of law. According to him, he has not been paid any retrenchment compensation, n




























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