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2021 Supreme(Bom) 557

M.S.SONAK
Menezes Chemicals (goa) Pvt. Ltd. – Appellant
Versus
Ramendra D Mayenkar – Respondent


Advocates appeared:
Arunkumar V Nigalye, Advocate, Omkar V Kulkarni, Advocate

JUDGMENT

M. S. Sonak, J. - Heard Mr. A. Nigalye learned counsel for the Petitioner.

2. The challenge in this petition is to the following:-

(a) Award and order of the Labour Court dated 6th October 2017 made in Case No. LC-II/IT/19/2015; and

(b) The recovery certificate No. CLE/(REC-1)/2018/4068 dated 25th September 2018 issued by the Commissioner of Labour and Employment to recover the dues in terms of the aforesaid impugned award.

3. The operative portion of the impugned award dated 6th October 2017 reads as follows:-

"1. It is held that the action of M/s Menezes Chemicals (Goa) Private Limited, Curti, Ponda Goa, in retrenching all the 34 workmen named in the present order of reference employed at it's factory, with effect from 15/06/2014, is illegal and unjustified.

2. It is further held that all the workmen under reference are entitled to payment of all back wages from the date of termination of their services till the date of the present order. In the event, M/s. Menezes Chemicals (Goa) Pvt. Ltd., recommences its operations or any other person whether natural or artificial succeeds to the Company and continues with the business, all the workmen under reference shall be entitled to

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