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2005 Supreme(Bom) 1829

S.B.MHASE, D.B.BHOSALE
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
KISHORE KONDIRAM JAGADE – Respondent


Advocates Appeared:
For the Appellant : G.S. Hegde
For the Respondent: S.M. Dharap and G.S. Godbole, and K.S. Bapat, instructed by Sanjay Udeshi and Co.

JUDGMENT

S.B. Mhase, J.—These Letters Patent Appeals are directed against the common judgment delivered by the learned Single Judge in Writ Petition Nos. 3831 of 1995, 2441 of 1995, 2442 of 1995 and 5801 of 1999 and 1886 of 1997. The learned Single Judge has disposed of these writ petitions by a common judgment, because the common point had arisen for consideration. The matter pertains to the employees of the Maharashtra State Road Transport Corporation (for the sake of brevity, hereinafter referred to as "the Corporation"). The employees involved in these writ petitions are the cleaners engaged by the Corporation for cleaning the buses and other premises of the Corporation on piece rate basis during the shift. The Caste Tribe Parivahan Karmchari Sanghatana (for the sake of brevity, hereinafter referred to as "the Union".) is a registered Union under the Trade Unions Act and was functioning in the Corporation. The said Union had filed Complaint (ULP) No. 542 of 1991 and Complaint (ULP) No. 574 of 1991 before the Member Industrial Court, Thane. The Union has alleged that the Corporation had/is indulged and indulging in the unfair labour practice under Item Nos. 5, 6, 9 & 10 of Schedu

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