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2019 Supreme(Bom) 1379

RAVINDRA V.GHUGE
Sachin Charlus Mirpagar – Appellant
Versus
Divisional Controller Maharashtra – Respondent


Advocates Appeared:
For the Appellant :Mr. A.S. Kulkarni with Mr. P.V. Barde Advocates
For the Respondents:Mr. B.S. Deshmukh with Mr. Kunal Kale Advocates

JUDGMENT :

Ravindra V. Ghuge, J.

Rule. Rule made returnable forth-with and heard finally by the consent of the parties.

2. Perused the record available.

3. The petitioner employee, by this petition, has put-forth prayer clause 13-A and B, as under:-

    " (A) By issuing the appropriate writ, order, direction or any other appropriate order in the nature of writ, the Hon'ble High Court may be pleased to quash and set aside the Exh.O-5 in Revision (ULP) No.34/2017 on 12.04.2018 by Industrial Court Ahmednagar, and further quash and set aside the order passed below Exh. U-2 in Complaint (ULP) No.09/2017 on 05.10.2017 by Labour Court, Ahmednagar.

(B) By issuing the appropriate writ, order, direction or any other appropriate order in the nature of writ, the Hon'ble High Court may be pleased to allow the application below Exh. U -2 filed by petitioner in Complaint (ULP) No.0-9/2017. "

4. The petitioner is working as a Junior Assistant with the respondent Corporation. In 2006, he was transferred to Shevgaon depot. It is his contention that, on 21.1.2017, he performed his duties in the second shift at the concerned workshop beginning at 5 p.m. and ending at 2 a.m. on 22.1.2017. After shift hours, while

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