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2000 Supreme(Bom) 984

D.D.SINHA
Shripat Ramji Dahane – Appellant
Versus
Shankar Sahakari Ginning Pressing Factory – Respondent


JUDGMENT :

D.D. SINHA, J.

1. Heard Shri P.B. Patil, learned Counsel for the Petitioner and Shri V.G. Wankhede, learned Counsel for the Respondent No. 1.

2. This Writ Petition is directed against the Award dated 15.5.1998, passed by the Presiding Officer, Labour Court, Akola, in Reference Case No. 38 of 1994. The learned Counsel submitted that the Petitioner was the seasonal employee and was working with the Respondent No. 1 Factory since 1981. The learned Counsel further contended that the Petitioner has served with the Respondent No. 1 during the concerned season till 21.02.1993. The learned Counsel further contended that the Respondent No. 1 terminated the services of the Petitioner w.e.f. 21.02.1993.

3. Being aggrieved by the same, the Petitioner approached the Labour Court, Akola, which, initially has passed an ex-parte award in favour of the Petitioner. However, the said ex-parte award came to be set aside by the Labour Court, upon an application of the Respondent and the final award dated 15.5.1998 was passed against the Petitioner, which is the subject matter of this Writ Petition.

4. Shri Patil, learned Counsel contended that the defence taken by the employer that the Petitione

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