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2022 Supreme(Bom) 318

RAVINDRA V.GHUGE
Baijerbai Wadia Hospital for Children – Appellant
Versus
Sarva Shramik Sanghatana (KV) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rohan Kelkar with Mr. Santosh Shetty and Ms. Pooja Dalwai i/b M/s. T.S. Shetty & Associates
For the Respondent: Mrs. Anupama S. Talekar

JUDGMENT :

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

2. By this petition, the petitioner-hospital for children seeks to challenge the judgment and order dated 06/01/2020 delivered by the learned Industrial Court, Mumbai, vide which, Complaint (ULP) No.305 of 2016 filed by the complainants has been allowed and the petitioner is restrained from evicting respondent Nos.2 and 3 from the premises occupied by them.

3. The petitioner has put forth prayer Clause 27(a) as under:

    “27. The Petitioners, therefore, pray:

a] that this Hon'ble Court be pleased to issue a Writ of certiorari or any other appropriate Writ, order or direction calling for the records and proceedings of the Complaint [ULP] No. 305 of 2016 and after going into the legality, veracity and propriety of the impugned Judgment dated 06.01.2020 passed by the Learned Member of the Industrial Court of Maharashtra at Mumbai, be pleased to quash and set aside the Judgment dated 06.01.2020 and be pleased to dismiss the Complaint [ULP] No. 305 of 2016.”

4. The respondents have preferred the ULP complaint before the Industrial Court on the premise that the petitioner has committed unfair lab

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