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2020 Supreme(Bom) 468

S.C.GUPTE
Municipal Commissioner, Municipal Corporation Of Greater Mumbai – Appellant
Versus
Gunaji Suryaji Kamble – Respondent


Advocates Appeared:
S.S. Pakale, Advocate, Vinod Mahadik, Advocate, Dnyaneshwar Kale, Advocate, Neeta Karnik, Advocate, Ramesh D Bhat, Advocate

JUDGMENT

S.C. Gupte, J. - This writ petition (Writ Petition No.13136 of 2019) challenges an order passed by the Industrial Court at Mumbai on a complaint of unfair labour practice filed by the Respondent herein ("complainant"). The complaint was under Items 5, 9 and 10 of Schedule IV of the MRTU and PULP Act, 1971.

2. As per the complainant, he was a permanent employee of the Respondent Municipal Corporation ("corporation"). On 9 February 2008, he was arrested by Crime Branch of Mumbai Police and produced before the Metropolitan Magistrate and ultimately released on bail on 4 April 2008, that is to say, after 55 days of arrest. The arrest was in connection with an FIR dated 9 February 2008. The FIR alleged that he had made a demand of Rs.2 lakhs from the victim and threatened with a revolver that the latter''s family would be killed if the demand was not met. According to the complainant, the FIR had falsely implicated him and that he was not present in the crowd when the victim was approached with a demand of Rs.2 lakhs. Be that as it may, considering that the complainant was placed under arrest for more than 48 hours, he was placed under suspension by the corporation vide suspensi

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