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2021 Supreme(Bom) 312

A.S.CHANDURKAR, G.A.SANAP
Raymond UCO Denim Private Ltd. – Appellant
Versus
Praful Warade – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri V.R.Thakur, Advocate with Shri H.V.Thakur, Advocate
For the Respondent:Shri S.D.Thakur, Advocate with Shri D.S.Thakur, Advocate

JUDGMENT :

A.S.Chandurkar, J.

This Letters Patent Appeal under Clause 15 of the Letters Patent raises a challenge to the judgment of the learned Single Judge in Writ Petition No.4996/2009 decided on 12th, 13th and 15th April 2010. By the said judgment the challenge raised by the appellant-employer to the judgment of the Industrial Court in U.L.P.(Complaint) No.27 of 2007 decided on 01.01.2009 was negatived. That complaint was filed by the respondents-employees seeking the relief of permanency on completion of probationary period of three months and the same was allowed. For the sake of convenience the parties would be referred to as employer and employees hereinafter.

2. For considering the challenges raised in this appeal it would be necessary to refer to the factual aspects that are available on record. The employer is an industrial establishment which is governed by the provisions of the Maharashtra Industrial Relations Act, 1946 (hereinafter referred to as ‘the Act of 1946’) as well as the Model Standing Orders for Operatives framed thereunder. It is the case of the employees that initially they were appointed as trainees for a period of one year. After completion of the training

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