RAVINDRA V. GHUGE
Raigad Zilla Parishad – Appellant
Versus
Kailash Balu Mhatre – Respondent
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 :
(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
The main legal point established in the judgment is that the Industrial Court could not have ordered regularization by taking recourse to Model Standing Order 4C, but the relief of regularization was....
Termination of service due to post abolition does not invoke Article 311(2) protections requiring opportunity to show cause as it is not deemed removal; allotment process must conform to legal timefr....
The court's decision established that when temporary or ad-hoc appointments are continued for a long period of time, the Court has to presume that there is a regular need for service on regular posts....
Service Matter - Policy decision of Government - No sufficient and cogent reasons and grounds which would enable this Court to transgress the administrative power of the State Government by undertaki....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.