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2018 Supreme(Bom) 499

A.K.MENON
Godrej & Boyce Manufacturing Company Limited – Appellant
Versus
Ravindra Shanta Sharma – Respondent


Advocates Appeared:
For the Petitioners: J.P. Cama, Bharat Goyal, A.K. Gopalan, M/s. Haresh Mehta.
For the Respondents: Sanjay Singhvi, Bennet D'Costa, Jignasha Pandya.

JUDGMENT :

1. This petition filed under Article 226 of the Constitution of India challenges the final order dated 24th March, 2017 passed by the Industrial Court Mumbai in Complaint (ULP) 183 of 2010 and Revision Application (ULP) No. 83 of 2015.

2. The facts in brief which lead to this petition are as under:

The petitioner is a company engaged in the manufacturing of white goods, furniture, security, other precision equipments and tooling at its several establishment in different locations. The respondent was appointed as workman in Grade "B" vide letter dated 1st November, 1989. He was an hourly rated workman initially working in the Skilled (Category-I) in the “Interio” Division of the Company at Plant-01 at Vikhroli.

3. On 3rd November, 2010 the workman is stated to be have been working in the first shift commencing from 06.40 am to 3.20 pm with a break from 11.45 am to 12.15 pm. It is the petitioner's case that around 3.20 pm on 3rd November, 2010 the respondent along with Mr. Valerian A. Fernandes incited some workmen who had come to work in the second shift not to report for work, but to remain with him and some workmen from the first shift so as to go to the Time Office in a gr

















































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