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2016 Supreme(Bom) 256

RAVINDRA V.GHUGE
Jalinder Ranganath Lahare – Appellant
Versus
Indian Seamless & Metal Tubes Ltd. – Respondent


Advocates Appeared:
Mr.Pradip Shahane, Advocate for the petitioners.
Mr.V.N.Upadhye, Advocate for respondent No.1.

ORAL JUDGMENT :

1. These petitions were admitted by this Court on 16/06/2008 and 11/02/2004 respectively and the hearing of these petitions was expedited.

2. I have heard Mr.Shahane, learned Advocate for the petitioners and Mr.Upadhye, learned Advocate on behalf of the respondent/Management for quite some time. Both the learned Advocates have taken me through the minute details of their pleadings before the Industrial Court and the material available. Considering the order that I would be passing hereunder, I am not adverting to their entire submissions since it would result in making certain observations on the merits of the matter, when I am inclined to remand Complaint ULP No.35/1999 and 46/1999 to the Industrial Court, Ahmednagar.

3. The undisputed facts before this Court are as under :

[a] The petitioners were performing work in the respondent/premises at the time of the filing of Complaint (ULP) No.35/1999 and 46/1999.

[b] The petitioners contended in the complaint that they have been working with the respondent No.1/Management.

[c] Respondent No.2 is a Labour Contractor, which is a camouflage at the behest of the Management for preventing a claim for regularization.

[d] Respondent









































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