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2012 Supreme(Bom) 1330

ANOOP V.MOHTA
Sangli Miraj Kupwad Cities Municipal Corporation, Sangli – Appellant
Versus
Mahapalika Kamgar Sabha – Respondent


Advocates appeared:
For the Petitioner:K.S. Bapat i/by G.H. Keluskar, Advocates.
For the Respondent:S.M. Dharap i/by Ms. Anjali N. Helekar, Advocates.

Judgment :

Heard finally by consent of the parties at admission stage.

2. The Petitioner is a Local Body/Authority/Corporation and it's challenge is to the Award dated 28 February 2011 passed by the learned Member, Industrial Tribunal, Sangli, thereby allowed the Reference in respect of Demand Nos. 8 and 11 raised by the Respondent/Mahapalika Kamgar Sabha (Sabha) and partly allowed the Demand No.8.

3. On 9 February 1998, the Petitioner is constituted by the Government of Maharashtra as a Municipal Corporation for the Cities of Sangli, Miraj and Kupwad.

4. Prior to the constitution of Petitioner Miraj Municipal Council was functioning as a Municipal Council for the City of Miraj under Maharashtra Municipal Councils, Nagar Panchayat and Industrial Townships Act, 1965 (“The M. Council Act”). After 9/2/1998, petitioner governed and functions under the provisions of Bombay Provincial Municipal Corporations Act, 1949 (for short, “BPMC Act”).

5. On 17.10.1996, Miraj Kamgar Union claimed to be a recognized union of the employees had raised certain demands against the then existed Miraj Municipal Council (The Municipal Council). When the same were not accepted and the conciliation officer, m










































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