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2022 Supreme(Bom) 313

MANGESH S. PATIL
Maharashtra State Electricity Board Thermal Power Station – Appellant
Versus
Sudhir Kamalkar Ayachit – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. V.J. Dixit, Senior Advocate i/b. Mr. A.M. Gaikwad
For the Respondent: Mr. T.K. Prabhakaran i/b. Mr. A.S. Kulkarni.

JUDGMENT :

Heard. Rule in both the Writ Petitions. It is made returnable forthwith. The learned advocate Mr. T.K. Prabhakaran instructed by Mr. A.S. Kulkarni for the respondent in both these Writ Petitions waives service. At the joint request of the parties, the petitions are heard finally at the stage of admission.

2. Since common questions of facts and law arise in both the Writ Petitions wherein challenge is to the self same common judgment and order passed by the Industrial Court, the matters are being disposed of by this common judgment.

3. The petitioner is the Electricity Board constituted under the Electricity Act and is a State within the meaning of Article 12 of the Constitution of India. It is challenging a common judgment and order whereby the Industrial Court has allowed the complaints filed by the respondents under Section 28 (1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter the ULP Act) and issued following directions :

    “ORDER

Complaint ULP Nos.69/2003 and 71/2003 are hereby allowed.

It is hereby declared that the respondent has engaged in unfair labour practice covered under Item No.6 of schedule IV of the

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