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2023 Supreme(Bom) 1355

SANDEEP V. MARNE
Dattu Shankar Dhumal – Appellant
Versus
Director, M/s. Damani Shipping Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: K.P. Anilkumar, Priyanka Kumar, Chinmay Apte.
For the Respondent: Anjali Purav Yajurvedi.

JUDGMENT :

SANDEEP V. MARNE, J.

1. Rule. Rule, made returnable forthwith. With the consent of the parties, taken up for final disposal.

2. Petitioners have filed the present petition challenging Award dated 28 August 2019 passed by the Central Government Industrial Tribunal-II (Tribunal) rejecting the Reference. The Reference was filed for deciding the demand of Petitioners for enhancement of wages on par with the wages revised as per the Memorandum of Settlement dated 29 April 2008 signed between the Bombay Customs House Agents Association and Transport & Dock Workers Union.

3. It would be necessary to set out few facts before I advert to the submissions canvassed by both sides. It is Petitioner’s case in the Petition that they are members of Bhartiya Kamgar Karmachari Mahasangh. Respondent No. 1-M/s. Damani Shipping Pvt. Ltd. is a partnership firm engaged in the business of freight broker and providing manpower services. Respondent no. 2-Shipping Services is engaged in the business of Clearing and Shipping Agent, Transport Contractor and Supervision and Administration work. That both the companies are sister concerns of Damani family, which has floated number of companies in the same

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