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2017 Supreme(Bom) 1284

S.C.GUPTE
Digambar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:A.B. Patil, Advocate.
For the Respondents: A.A. Madiwale, AGP.

JUDGMENT :

1. Heard learned counsel for the parties.

2. The present petition challenges an order passed by the Labour Court, Akola in an unfair labour practice complaint and the order passed by the Industrial Court, Akola in revision confirming that order. In view of the notice for final disposal issued earlier, Rule is issued and made returnable forthwith.

3. The petitioner was appointed on 2nd April, 1984 as labourer (mazoor)/male coolie with Public Works Department of the State of Maharashtra. His services were terminated along with 110 other employees, who were also similarly appointed as labourer (mazoor)/male coolie. By the date of this termination order, many of these appointees had completed more than 2 years of continuous service. In the petitioner’s case, he had completed more than 3 years of continuous service. The petitioner, in the premises, filed a complaint of unfair labour practices under Section 28 read with Item – I of Schedule – IV of the MRTU and PULP Act before the Labour Court at Akola being U. L. P. Complaint No.97/88. About 56 other employees, who were part of the group of 110 employees terminated on 30th April, 1987 and who were similarly placed as the petitio









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