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2023 Supreme(Bom) 1457

SANDEEP V. MARNE
Navy Children School Secondary through The Director Navy Children School – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Ms. Carina S. Xavier, Ms. Rita K. Joshi a/w Mr. Swapnil P. Kamble, Mr. P.P. Pujari.

JUDGMENT :

1. Petitioner-School has filed this Petition challenging the Award dated 18 January of 2020 passed by the 11th Labour Court, Mumbai, in Reference (IDA) No.283 of 2017. The Labour Court has answered the reference in the affirmative and directed the Petitioner-School to reinstate the Respondent with continuity of service and full backwages with effect from 18 May 2016.

2. The present Petition was admitted by this Court on 10 October 2022 and the order of the Labour Court has been stayed. However, this Court clarified that stay to the order of the Labour Court was not to preclude Respondent No.2 from filing an application for wages under provisions of section 17B of the Industrial Disputes Act, 1947 (the ID Act). Accordingly, Respondent No.2 has filed Interim Application No.93 of 2023 for payment of last drawn wages of Rs.19,753/- from the date of award till the final disposal of the Petition. During the course of hearing of Interim Application No.93 of 2023, the counsel appearing for the parties agreed that the Petition itself can be taken for final hearing. Accordingly, with the consent of the learned Counsel appearing for the parties, the Writ Petition is taken up for hea

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