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2021 Supreme(Bom) 361

A.S.CHANDURKAR, PUSHPA V.GANEDIWALA
Rajkumar S/o Sukhdeo Mohod. – Appellant
Versus
Manager/Executive Officer, Goenka Vineer Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri S.A. Kalbande, Advocate
For the Respondent: Shri A.J. Pathak, Shri D.P. Thakre, adv

JUDGMENT :

A.S. Chandurkar, J.

The order passed by learned Single Judge on 09/02/2012 in Writ Petition No.376/2012 dismissing the said writ petition preferred by the appellant is the subject matter of challenge in this Letters Patent Appeal filed under Clause-15 of the Letters Patent.

2. The facts in brief giving rise to the present proceedings as can be gathered from the averments of the respective parties are as under :

It is the case of the appellant-complainant that he was working on the establishment that was being run by the respondent No.1-employer as a machine operator since 1994. He was getting wages of Rs.53/- per day and had completed continuous service of 240 days in each calender year. On 30/08/1998 when the complainant reported for duty he was informed that his services were not required and that another person had been appointed in his place. The complainant therefore on 09/09/1998 and 14/09/1998 issued notices to the employer to reinstate him on his original post with continuity in service. Despite receiving these notices there was no reply to the same. Thus according to the complainant by failing to comply with the mandatory provisions of Sections 25-F and 25-G of the

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