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2026 Supreme(Bom) 20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S. KULKARNI, AARTI SATHE
Kalyan Dombivli Municipal Corporation – Appellant
Versus
Nandkishor Govind Sane – Respondent


Advocates Appeared:
For the Appellants : Sudhir Talsania, A.S. Rao
For the Respondent: Yogendra M. Pendse

JUDGMENT :

G.S. KULKARNI, J.

1. These Letters Patent Appeals challenge the judgment and order dated 18 July, 2011 passed by the learned Single Judge on a batch of Writ Petitions filed by the appellant – Kalyan Dombivli Municipal Corporation (for short “KDMC”). By the impugned judgment, the learned Single Judge while dismissing the Writ Petitions filed by the KDMC confirmed the orders dated 29 April, 2010 passed by the learned Member, Industrial Court, Thane allowing the complaints filed by the respondent-workmen. It is thus the concurrent findings of both such forums are being assailed by the KDMC.

2. The facts lie in a narrow compass:-

The respondents are the original complainants, being “workmen” (hereinafter referred to as “the complainants”) employed with the KDMC. The complainants filed applications/complaints under Section 28 read with Items 5 and 9 of Schedule IV to the MAHARASHTRA RECOGNITION OF TRADE UNIONS AND PREVENTION OF UNFAIR LABOUR PRACTICES ACT , 1971 (for short “the MRTU & PULP” Act), seeking directions to the KDMC to implement the settlement agreement dated 3 January, 1996 arrived between the KDMC and the two Workers Unions, namely, Municipal Mazdoor Union Maharash

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