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2022 Supreme(Bom) 1085

MANGESH S.PATIL, SANDEEP V.MARNE
Khambete Kothari Cans & Allied Products Pvt. Ltd. , Through its Director, Shri Prashant Dilip Kothari – Appellant
Versus
State of Maharashtra, Through Secretary – Respondent


Advocates:
Advocate Appeared:
Shri Vikram A. Pawar, Shri K.N. Lokhande, Shri A.S. Shinde, Shri S.B. Yawalkar, Miss. R.P. Gaur, Smt. Vaishali N. Patil (Jadhav)

JUDGMENT :

SANDEEP V. MARNE, J.

1. Rule. Rule made returnable forthwith. With the consent of the learned Advocates for the respective parties, heard finally at the stage of admission.

2. By the present petitions, the petitioners are challenging the order dated 27.01.2020, passed by the Deputy Commissioner of Labour, Nashik, Division Nashik, referring the disputes of the respective respondents for adjudication to the Labour Court, Jalgaon. The disputes relates to reinstatement of the respondents with full back wages and continuity in service w.e.f. 29.06.2009.

3. The order of the Deputy Commissioner of Labour is assailed essentially on the ground of delay in raising the dispute. It is the case of the petitioners that on account of proceeding on strike, it issued letter dated 15.07.2009 to the concerned workmen calling them upon them to resume the duties within 72 hours, failing which it would be assumed that the workmen were not willing to work. Despite service of notice dated 15.07.2009, the concerned workmen not only failed to perform their duties but also did not raise any dispute with the petitioner Company. For the first time, on 16.10.2016 it received undated letters from the resp

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