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2023 Supreme(Bom) 340

N. J. JAMADAR
Lintas India Pvt. Ltd. – Appellant
Versus
Bharatiya Kamgar Sena Praphulban Soc. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Anand Pai a/w Adv. Sakshi Sharma a/w Adv. Sheroy M. Bhodhanwalla a/w Adv. Burjis Doctor i/b M.s. Bhodhanwalla and Co.
For the Respondents: Mr. Kiran Bapat, i/b Mr. Avinash Hari Fatangare.

JUDGMENT :

1. By this Petition under Article 226 of the Constitution of India, the petitioner assails the legality, propriety and correctness of an order passed by the learned Member Industrial Court, Mumbai in Recovery Application (ULP) No.04 of 2018 in complaint (ULP) No.1161 of 1989, whereby and whereunder the Recovery Application came to be partly allowed and the petitioner was directed to pay diverse amount to respondent Nos. 2, 4, 6 and deceased respondent Nos. 3 and 5 – the applicants therein, along with interest at the rate of 10% from 24th December, 1999, the date of judgment in complaint (ULP) No. 1161 of 1989.

2. For the sake of convenience and clarity, the parties are hereinafter referred to in the capacity in which they were arrayed before the learned Member Industrial Court in Recovery Application (ULP) No. 04 of 2018.

3. Bharatiya Kamgar Sena – the applicant No. 1 claimed to have right to represent the employees of the respondent No. 1- company. The applicant Nos. 2 to 6 were working with the respondent No.1-company for several years without the benefit of permanency. The applicant No. 1 filed a complaint being complaint (ULP) No.1161 of 1989, on behalf of the applic

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