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2022 Supreme(Bom) 1473

MILIND N.JADHAV
Mumbai Shramik Sangh – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Bhavesh Parmar, Advocate, Rajesh Sahani, Advocate, Rahul Gaikwad, Advocate, Reshma Nair, Advocate, Nikita Abhyankar, Advocate, Devmani Shukla, Advocate, D.P. Singh, Advocate, M.S. Lagu, Advocate, Anirudh Bhalwal, Advocate, Vyas, Advocate, Bhalwal, Advocate

JUDGMENT

Milind N. Jadhav, J. - Heard.

2. The present petition has been filed by Mumbai Shramik Sangh union representing workers employed with Respondent No.2 - Rashtriaya Chemicals and Fertilizers ('RCF'), a public sector company. Though the petition is principal seeks setting aside of the impugned award dated 16.08.2021 passed by the Central Government Industrial Tribunal No.2, Mumbai in Reference No.CGIT-2/49 of 2019, the learned counsel appearing for the Petitioner has restricted his urgent application today to press prayer clauses (d) and (g) only. He submits that in so far as the principal relief of setting aside the award is concerned, since there is a vacancy on the post of the Presiding Officer of the Tribunal, the Petitioner has filed the present petition in this Court and that can be agitated later.

3. Prayer clauses (d) and (g) read as under:

    "(d) For a writ or an order in nature of writ directing the respondent company not to retire the worker named ashok Lakshaman Pawale subject matter of Reference No. CGIT-2/49 of 2019 likely to be retired w.e.f. 31.05.2022 by Respondent Co

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