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NITIN JAMDAR, M. M. SATHAYE
Bhor Industries Ltd. – Appellant
Versus
Vitthal Sahebrao Kumbhar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Kiran S. Bapat, Senior Advocate a/w. Mr. T.Y. Yadav a/w. Mr. Omkar Chavan i/b. M/s. Desai & Desai Associates
For the Respondent:Mr. Kartikeya Bahadur i/b. Kaustubh Gidh, Advocate, Mr. B.V. Samant, Additional G.P. a/w. Mr. Abhijeet Naik, AGP, Ms. R.A. Salunkhe, AGP, Mr. Siddhesh B. Kalel, AGP, Ms. Pooja Joshi Deshpande, AGP, Mr. K.S. Thorat, B Panel Advocate

Judgement Key Points

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JUDGMENT :

Nitin Jamdar, J.

Rule. Rule made returnable forthwith. Respondents waive service.

2. The Respondents worked at the Petitioner's manufacturing plant. Respondents services were terminated. The Respondents raised a demand that they were illegally terminated by the Petitioner, which culminated in an industrial Reference made by the appropriate Government under the Industrial Disputes Act, 1947 to the Labour Court. The Petitioner has challenged the order of Reference on the ground that the claims of Respondents were belated and extinguished and no industrial dispute was in existence when the Reference was made.

3. The Petitioner had a manufacturing plant at Kodoli, Satara. The Petitioner closed its operations and retrenched/terminated the services of the Respondents—Workmen in June 2001. A notice was issued on 28 June 2001 by the Petitioner, addressed to all the workers, stating that there was insufficient work at the plant and that production would be closed for some days. The notice further said that the company would be closed from 11 July 2001 due to the lack of work. It was stated that workers would be given first preference whenever work would be available to the company. I

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