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2021 Supreme(Bom) 1118

ANUJA PRABHUDESSAI
Duncan Engineering Ltd. – Appellant
Versus
Ajay C. Shelke – Respondent


Advocates appeared:
Nutan Patankar, Advocate, Tanaya Patankar, Advocate, Nitin Kulkarni, Advocate

JUDGMENT

Anuja Prabhudessai, J. - Rule. With consent Rule made returnable forthwith. These Petitions involve a common question of law, hence the same are heard together and are being decided by this common Judgment.

2. The Petitioner-Employer assails Awards of the Labour Court-II, Pune. By the impugned Awards, the Labour Court has held the dismissal orders to be void and inoperative for non-compliance of provisions under Section 33(2)(b) of the Industrial Disputes Act, 1947 (for short 'the ID Act') and directed the Petitioner to reinstate all the Respondent-workmen with continuity of service, full back wages and all consequential benefts.

3. The facts giving rise to the present petitions are as under: -

The Petitioner is engaged in the business of manufacturing Tube Valves for Automobile Sector. Respondent-workmen were employed in one of the factories of the Petitioner. They were served with charge sheets alleging willful insubordination, disobedience, illegal strike, riotous and disorderly behaviour, etc. which constituted misconduct under model standard orders under Sections 24(a), (b), (k), (l), (w) framed under the Industrial Employment (Standing Orders) Act. The Petitioner, not b

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