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2024 Supreme(Bom) 21

MILIND N. JADHAV
Hindustan Level Employees Union – Appellant
Versus
Hindustan Unilever Limited – Respondent


Advocate Appeared:
For the Petitioner:Ms. Jane Cox a/w. Mr. Jignesha Pandya i/by Mr. Bennet D’Costa, Advocates
For the Respondent:Ms. Supriya Mujumdar a/w. Melvyn Fernandes, Advocates i/by Vaish Associates

JUDGMENT:

1. At the outset, Ms. Cox, learned Advocate appearing for the Petitioner seeks amendment to the Writ Petition to the extent of maintaining the challenge in the Writ Petition under the provisions of Article 227 of the Constitution on India in addition to the challenge under the provisions of Article 226. Proposed Draft Amendment is taken on record and marked ‘X’ for identification. Petitioner is permitted to amend the Writ Petition to the extent of the Draft Amendment. Amendment shall be carried out in the body of the Writ Petition within a period of one week from today. Re-verification stands dispensed with.

2. Petition raises an important point of law. Challenge in the Writ Petition is to the Award dated 13.08.2014 rejecting the Reference. Reference related to the Petitioner’s claim for seeking subsistence allowance which was denied by the Respondent – Company on the ground that the suspended employee did not attend the factory premises to mark his attendance at the factory gate in the muster / register provided for the purpose during his suspension. Award has held tha

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