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2024 Supreme(Bom) 9

N. J. JAMADAR
Rajendra Tribhuvandas Navare – Appellant
Versus
Solapur Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Gayatri Singh, Shreya Kohapatra, V.G. Sreeram.
For the Respondents: Sameer Kumbhakoni, Vijay Killedar.

JUDGMENT :

N.J. JAMADAR, J.

1. Rule. Rule made returnable forthwith. With the consent of the learned Counsel for the parties, heard finally.

2. The Petitioner, a retired daily wager, who was employed with Solapur Municipal Corporation-Respondent No. 1, has assailed the legality, propriety and correctness of a judgment and order dated 17 January 2022 passed by the learned Member, Industrial Court, Solapur in Complaint (ULP) No. 15 of 2016, whereby the complaint came to be dismissed on the ground that it was barred by principle of res-judicata.

3. The background facts leading to this Petition can be stated, in brief, as under:

    3.1 The Petitioner was appointed as peon on daily wages on 3 September 1992 in the office of the Transport Administrator-Respondent No. 3. In the year 2010 the Petitioner was transferred to the office of Health Engineer, Public Health and Water Supply Department- Respondent No. 4, a department of Solapur Municipal Corporation. On 10 February 2016, the Petitioner was transferred back to the Transport department. The Petitioner stood retired on 29 February 2016.

3.2 A week prior to the retirement, the Petitioner filed a complaint (ULP) No. 15 of 2016 alleging unfair la

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