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2013 Supreme(Bom) 946

R.P.SONDURBALDOTA
Mapusa Municipal Council – Appellant
Versus
Krupa Hallikar – Respondent


Advocate Appeared:
For the Petitioner:G. Sardessai, V. Palekar, Advocates.
For the Respondents:R1, G. Agni, Prashant Agrawal, Advocates, R2, R3 & R5, K. Noorani, S. Narvekar, Additional Government Advocates.

Judgment :

1. This is a common order on the above two petitions between the same parties which petitions have been, by the order dated 7 th March, 2013, directed to be disposed of finally at the stage of admission.

2. Writ Petition No.76/2013 is directed against the award dated 1st April, 2011 passed by the Industrial Tribunal directing reinstatement of respondent no.1 with full backwages and continuity of service. Writ Petition No.114/2013 is directed against the award dated 11th December, 1998 of the Industrial Tribunal declaring that respondent no.1 along with eight others was a permanent workman of the petitioner with effect from 24 th February, 1995. The petitioner is a Mapusa Municipal Council.

3. The factual matrix of the two petitions is as under: Respondent no.1 was engaged as a daily wage labourer with effect from 20th May, 1985. Since respondent no.1 and eight others similarly employed had been continued in service as daily wage workers for more than four years and were being deprived of proper wages, along with other service benefits, the Goa Municipal Workers Union of which respondent no.1 and the others were members, raised a dispute regarding their regularization. By































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