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R.P.SONDURBALDOTA, D.K DESHMUKH
Masina Hospital – Appellant
Versus
Sunanda Hari Kadam And Ganesh Hari Kadam (The Legal Heirs Of Hari G. Kadam, A Deceased Workman) – Respondent


Advocates Appeared:
For the Appellant : Shamrao S. Patil and Avinash Patil
For the Respondent: K.S. Bapat, instructed by Avinash Fatangare

JUDGMENT :

D.K. Deshmukh, J.

By these appeals, the appellant-Management challenges the common order dated 4th May, 2006 passed by the learned Single Judge of this Court in Writ Petition Nos. 3108 of 2002 and 1132 of 2003.

2. The relevant facts are-

One Hari Ganpat Kadam was an employee of the appellant Management/hospital. He was appointed as Ward Boy since 1967 and had put in twenty years of service. The said worker was also a Union leader and was actively participating in the union activities. The appellant charge-sheeted the petitioner for charge of assaulting coworkers. He was suspended from service. After replies were filed, an inquiry was conducted and ultimately he was dismissed from service on 10-10-1987. After his dismissal, said worker filed a complaint bearing Complaint (ULP) No. 283 of 1987 before the Labour Court under Item 1, Schedule IV of the MURTU & PULP Act. In part I award, a finding was recorded by the Labour Court that the inquiry was not fair and proper and gave the management an opportunity to prove the charges before the Court.

3. Being aggrieved by the said Part I award, a revision was preferred by the Appellant/Management being Revision Application (ULP) No. 78






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