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2021 Supreme(Bom) 1537

A.S.CHANDURKAR, G.A.SANAP
Mahindra And Mahindra Ltd – Appellant
Versus
Madhav Ramkrishna Lomte – Respondent


Advocates appeared:
R. E. Mohrir, Advocate, A. P. Raghute, Advocate

JUDGMENT

A. S. Chandurkar, J. - In these Letters Patent Appeals the common judgment of learned Single Judge in Writ Petition Nos.3160 and 3337/2001 decided on 23/09/2010 is under challenge. Both the appeals can be conveniently decided by this common judgment.

2. For sake of convenience the facts of Letters Patent Appeal No.86/2011 are being referred to. It is the case of the respondent No.1-complainant that he was appointed on temporary basis as a Wireman being semi-skilled worker on the basic salary of Rs.200/-. Various appointment orders on temporary basis for a period of three months at a given point of time were issued to the complainant, the first appointment being from 17/12/1992 and the last engagement ending on 08/08/1994. According to the complainant the appellant-employer was an Engineering Industry in which about 500 employees were working continuously. The employer was covered by the provisions of the Model Standing Orders framed under the Maharashtra Industrial Relations Act, 1946. The work on the post of workman on which the complainant was engaged was always available with the employer. After terminating the services of the complainant the employer continued employing

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