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2016 Supreme(Bom) 51

B.R.GAVAI, P.N.DESHMUKH
Nagpur District Central Co-operative Bank Ltd. – Appellant
Versus
Prashant Ashokrao Salunke – Respondent


Advocates:
Advocate Appeared:
Mr. S.S. Ghate, Advocate for Appellant.
Mr. N.N. Thengre, Advocate for Respondent No.1.
Mr. C.A. Lokhande, Advocate for Respondent No.2.

JUDGMENT :

B.R. Gavai, J.

1. The appeal takes exception to the judgment and order passed by the learned Single Judge of this Court dated 4.5.2007 thereby reversing the judgments and orders passed by the learned Labour Court and the learned Industrial Court and allowing the complaint of the respondent no.1-employee.

2. The facts in brief giving rise to the present appeal can be summarised as under:-

The respondent no.1-employee (hereinafter referred to as "the complainant") filed a complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "MRTU & PULP Act ) being Complaint (ULPA) No. 239/1999 contending that his services were orally terminated with effect from 13/14.1.1999. The complainant sought consequential reliefs of reinstatement with continuity of service and back wages. It was the case of the complainant that he was appointed on daily wages with effect from 21.2.1994 as Clerk by the appellant-Bank (hereinafter referred to as "the Bank") and his services were terminated on 13.1.1999. It was his further case that the retrenchment compensation or notice pay as required under the provision

































































































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