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2021 Supreme(Bom) 363

A.S.CHANDURKAR, PUSHPA V.GANEDIWALA
Bal Mandir Sanstha (Paranjpe School) – Appellant
Versus
Devidas Kawaduji Raghute – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. K.K.Pathak, Advocate with Shri S.A.Pathak, Advocate
For the Respondent:Shri D.S.Thakur, Advocate with Shri M.R.Sakharkar, Shri D. P. Thakre, Adv

JUDGMENT :

A.S. Chandurkar, J.

In this Letters Patent Appeal filed under Clause 15 of the Letters Patent the judgment of learned Single Judge dated 04.10.2011 in Writ Petition No.5522/2010 is under challenge. The complaint filed by the respondent no.1 seeking the relief of regularisation on the post of Peon has been allowed by the Industrial Court by its judgment dated 14.10.2010 and the writ petition preferred by the appellant under Articles 226 and 227 of the Constitution of India challenging that judgment has been dismissed giving rise to the present appeal.

2. The facts in brief as can be gathered from the averments made in the complaint filed by the respondent no.1-employee are that he joined the services of the appellant-employer on the post of Peon from 04.01.1986 on monthly salary of Rs.200/-. Thereafter from 01.07.1987 to 01.03.1993 he worked in the capacity as Peon cum Laboratory Attendant on monthly salary of Rs.300/-. He was also working as Chowkidar at night and was being paid monthly salary of Rs.500/-. According to the employee, the employer was running three institutions that were receiving financial aid from the Zilla Parishad. The employee having completed more than

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