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2022 Supreme(Bom) 322

RAVINDRA V. GHUGE
Raigad Zilla Parishad – Appellant
Versus
Kailash Balu Mhatre – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.C.G.Gavnekar
For the Respondent: Mr.Vaibhav Jagdale i/b Mr.Amol Desai, Mrs. V.S. Nimbalkar, Adv

JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. By this petition, the petitioner-Raigad Zilla Parishad seeks to challenge the Judgment and Order dated 13/12/2016 delivered by the Industrial Court at Thane, allowing Complaint (ULP) No.167 of 2014 and granting permanency and benefits incidental thereto, to the original 7 complainants.

3. The directions issued by the Industrial Court are as follows :

    “The complaint is allowed as follows :-

(A) It is hereby declared that the respondents are engaged in an unfair labour practice falling under Item 6 of Schedule IV to the Act.

(B) The respondents are directed to cease and desist from the unfair labour practice hereinafter.

(C) The respondents are directed to give benefit of permanency to the complainants as per rules by taking appropriate steps.

(D) The respondents to pay cost of the litigation to the complainants.”

4. By an order dated 23/07/2018, this Court permitted the petitioner to amend the petition for adding prayers so as to take care of similarly situated employee as like the complainants. Consequent to the said order, the petitioner added pleadings in terms of paragraphs 5A to 5M an

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