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2018 Supreme(Bom) 998

S.C.GUPTE
Mukand Limited – Appellant
Versus
Dharmarajya Kamgar Karmachari Mahasangha – Respondent


Advocates Appeared:
For the Petitioners:Mr. S.K. Talsania, Senior Advocate a/w Mr. Rahul D. Oak I/b Mr. Pramod Anaokar.
For the Respondent: Ms. Jane Cox I/b Ms. Karishma Rao.

JUDGMENT :

Heard learned Counsel for the parties.

2. This writ petition challenges an order passed by the Labour Court at Thane in a complaint of unfair labour practices and the revisional order passed by the Industrial Court at Thane confirming that order.

3. Petitioner No.1 company claims to have a trainee scheme to engage fresh ITI and NCTVT pass candidates. Under the scheme, candidates were appointed as 'In-Plant Trainee' for varying durations. In some cases, the training period extended to 12 months plus 6 months, whilst in others to 36 months with two phases of 18 months each. In December 2010, the Petitioners claim to have appointed 49 In-Plaint Trainees for 18 months duration, out of which 6 trainees resigned during the period of training. The remaining 43 persons continued to work as trainees till about October 2014, when they were all discontinued either on the ground that their performance was not found satisfactory or on account of completion of the period of training including extension/s. Of these trainees, 23 persons filed a complaint of unfair labour practice through the representative union of the employees. The union's case in the complaint was that these persons wer











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