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2023 Supreme(Bom) 1456

SANDEEP V. MARNE
Raptakos Breet & Company Ltd. – Appellant
Versus
Gajanan M. Sonawane – Respondent


Advocates Appeared:
For the Petitioner: Ms. Uma K. Wagle.
For the Respondent: Mr. Ramesh D. Bhat.

JUDGMENT :

(Sandeep V. Marne, J.)

1. Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for parties, petition is taken up for hearing.

2. Petitioner-Employer has filed this petition challenging Judgment and Order dated 23 April 2019 passed by the Second Labour Court, Mumbai in Complaint (ULP) No.06 of 2012 directing payment of 50% backwages to Respondent from 14 October 2011 till his age of superannuation. Petitioner also challenges Judgment and Order dated 22 October 2019 passed by the Industrial Court, Mumbai dismissing it’s Revision Application (ULP) No.72 of 2019 and allowing the Respondent’s Revision Application (ULP) No.68 of 2019 directing payment of full backwages to him from the date of termination till the age of superannuation.

3. Briefly stated, facts of the case are that Petitioner is Pharmaceutical Company. Respondent was employed in the services of Petitioner-Company at it’s Thane factory. A Show Cause Notice was issued to the Respondent on 19 May 2011 and after receipt of his explanation, Petitioner-Company initiated domestic enquiry after issuance of charge sheet dated 24 June 2011. In the charge sheet, it was alleged that on 29 Ap

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