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2016 Supreme(Bom) 1803

N.M.JAMDAR
Municipal Corporation of Gr. Mumbai – Appellant
Versus
Kachara Vahtuk Shramik Sangh – Respondent


Advocates Appeared:
For the Petitioners: Mr. A.V. Bukhari with R.N. Shah, B.V. Bukhari, Ms. Fauzia T. Bukhari, Vinod Mahadik and U.H. Deshpande.
For the Respondents: Mr. Sanjay Singhavi with K. Prasanna Kumar, Rahul Kamerkar and Devmani Shukla.

JUDGMENT :

N.M. JAMDAR, J.

1. Rule. Rule made returnable forthwith. By consent of learned Counsel for the parties, taken up for final disposal.

2. The Petitioner-Municipal Corporation of Greater Mumbai, has approached this Court invoking the Article 226 and 227 of the Constitution of India to challenge the award of the Industrial Tribunal, Mumbai, dated 13 October 2014, rendered in Reference (IT) No. 13 of 2007. The Industrial Tribunal has answered the Reference in affirmative against the Petitioner Corporation and has directed the Petitioner Corporation to treat 2700 employees concerned in the Reference as permanent employees of the Corporation and to extend them the benefits and status of permanent workers retrospectively from the date of completion of 240 days of service from their dates of joining.

3. The Petitioner-Mumbai Municipal Corporation, in short, the Corporation, is established under the provisions of Mumbai Municipal Corporation Act, 1888. (The Act) The Respondent-Kachra Vahtuk Shramik Sangh, in short, the Union, is a trade union registered under the Trade Unions Act and represents the cause of the workers engaged in the work of Solid Waste Management in the Corporation.

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