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2021 Supreme(Bom) 1373

N.J.JAMADAR
State of Maharashtra – Appellant
Versus
Prakash Rajaram Holkar – Respondent


Advocates appeared:
S.H. Kankal, Advocate, Manoj Patil, Advocate

JUDGMENT

N.J. Jamadar, J - Rule. Rule made returnable forthwith and, with the consent of the counsels for the parties, heard finally.

2. This petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of the judgment and order dated 2nd July, 2018 passed by the learned Member, Industrial Court, Kolhapur in Complaint (ULP) No.135 of 2014 whereby the appellant was directed to cease and desist from engaging in unfair labour practice and to grant status and privileges of permanent employee to the respondent-complainant in class IV post with all consequential benefits, with effect from 8th October, 2014 within a period of two months thereof.

3. Shorn of superfluities, the background facts leading to this petition can be stated as under:

a] The respondent/complainant approached the learned Member, Industrial Court, with a complaint, under section 28 (1) read with Items Nos. 5, 6, 9 and 10 of Sch-IV of Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (the Act,1971), contending, inter alia that the complainant has been working with the respondent/employer since 5th July, 1997 as a Sweeper. While making initia

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