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1996 Supreme(Bom) 752

B.N.SRIKRISHNA
Kisan Laxman Mane – Appellant
Versus
Director Of Animal Husbandry Pune – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Madhavi Mhatre
For the Respondent: V.P. Malvankar

ORDER :

1. This writ petition under Articles 14, 19 and 226 of the Constitution of India impugns an order of the Industrial Court, Pune, dated September 3, 1990, made under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act')

2. The petitioner was working as a mazdoor in the employment of the Second Respondent since 1977. He was initially working on daily wages and subsequently was made permanent as Mazdoor from January 5, 1983. It is the case of the petitioner that he possesses a driving licence for driving heavy vehicles and tractors and, therefore, from February 1, 1982 he was called upon to do work as a Tractor Driver continuously, but, despite repeated requests, he was being paid wages only of a mazdoor. From February 21, 1986, the petitioner was reverted to the post of mazdoor after which he was not given the work of Tractor Driver.

3. The Petitioner moved the Industrial Court by way of complaint u/s 28(1) read with item 4(c), (d) and (e) of Schedule II and Items 3, 5, 6, 7 and 10 of Schedule IV of the Act and sought relief of a direction to the First and Second Respondents to app

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