SECRETARY TO GOVERNMENT Vs. BALIRAM KAWADUJI SHIVARHUKE

JUDGEMENT

(1.) Heard Shri Kothari, learned AGP for the petitioners and Shri Naukarkar, learned Counsel for the respondent by making the rule returnable forthwith. As per earlier understanding, the matter is to be disposed of finally in the order matters only.

(2.) This petition under Articles 226 and 227 of Constitution of India is by State Government and it challenges the judgment dated 04.08.2008 delivered by the Member, Industrial Court, in Complaint (ULP0 No. 263 of 2006. By the said judgment, the Industrial Court has directed the petitioners to bring the respondent on Converted Regular Temporary Establishment (C.R.T.E.) from 1985 and to pay him all consequential benefits including difference in wages after deducting payments made to him, with interest of 6% if that amount was not released within one month.

(3.) The facts show that Respondent was in employment from 1980 on Nominal Muster Roll basis and he was terminated on 01.12.1987. He challenged that termination in Complaint (ULP) No. 158 of 1987 and by order dated 27.06.1994 delivered therein, he was reinstated in service with continuity and back wages. It is an admitted position that this judgment of labour court in his favour has not been subjected to further challenge.