N. J. JAMADAR
Brihan Mumbai Electric Supply & Transport Undertaking (BEST) through its General Manager – Appellant
Versus
Best Jagrut Kamgar Sanghatana, through its General Secretary C/o. Parivartan Mumbai Ram Niwas – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith and with the consent of the learned Counsel for the parties heard finally.
2. The petitioner - undertaking takes exception to a judgment and order dated 17th October, 2019 passed by the President, Industrial Court, Maharashtra, Mubmai, in Complaint (ULP) No.183 of 2014 whereby the complaint preferred by the respondents – complainants under Items 5 and 9 of the Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (“the Act, 1971”) came to be partly allowed declaring that the petitioner has committed unfair labour practices under Item 9 of Schedule IV of the Act, 1971 and directing the petitioner to pay inter alia increments to complainant Nos.2 to 18 from the date of appointment till the date of their permanency and grant privilege leave and sick leave on pro-rata basis as specified in Clause 4(2)(iii) @ (a) and (b) of the Standing Orders, if not already granted.
3. Background facts can be stated in brief as under:
(a) The petitioner is a statutory body established under the provisions of Mumbai Municipal Corporation Act, 1888 (“the MMC Act”). The petitioner supplies electricity
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