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2023 Supreme(Bom) 1561

N. J. JAMADAR
S. K. International – Appellant
Versus
Ashok Tanaji Tambe – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ashish Kamat, Simantini Mohite, Nirav Shroff.
For the Respondent: Omkar Paranjape.

JUDGMENT :

N.J. JAMADAR, J.

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

2. This petition assails the legality, propriety and correctness of an Award passed by the learned Presiding Officer, Labour Court at Mumbai in Reference (IDA) No. 32 of 2020 dated 12 July 2022, whereby the Reference was answered in the affirmative and the Petitioner No. 1 - first party employer, was directed to reinstate the Respondent - second party employee in service with continuity of service and full back wages w.e.f. 24 April 2019.

3. Shorn of superfluities, the background facts leading to this petition can be stated as under:

    3.1 The Petitioner No. 1 is a partnership firm. It provides a complete range of lifecycle services, IT infrastructure services, implementation and consulting services to its clients. Petitioner No. 2 is a partner of Petitioner No. 1.

3.2 Respondent No. 1 was employed as an Engineer - Technical Support by the Petitioner No. 1 under an appointment letter dated 6 May 2014. In terms of the letter of appointment, Respondent No. 1 was deputed to the site of the Petitioner No. 1’s client Barclays Bank LLP (Barclays Bank).

3.3 T

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