LAWS(BOM)-2010-1-57

BHASKAR JANARDHANRAO VAIDYA Vs. MEMBER INDUSTRIAL COURT AMRAVATI

Decided On January 27, 2010
BHASKAR JANARDHANRAO VAIDYA Appellant
V/S
MEMBER, INDUSTRIAL COURT, AMRAVATI Respondents

JUDGEMENT

(1.) By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner/employee is challenging the judgment dated 31-3-2005 delivered by the Industrial Court in ULP Revision No. 50/2001, whereby the judgment dated 29-3-2001 delivered by the Labour Court at Amravati in Complaint ULPA No. 113/1997 came to be quashed and set aside. The Labour Court had allowed the ULP Complaint filed by the petitioner partly, by directing employer (present respondent No. 2) to reinstate him back in service with continuity and 50% backwages.

(2.) Respondent No. 3 before this Court is the Principal of Sports Academy and was respondent No. 2 in ULPA Complaint. State Government took a decision to establish Sports Academy at each District place and in implementation of that decision, respondent No. 2 Sports Academy was created at Amravati. As per the scheme, Director of Sports and Youth Service of State Government at Pune was to supervise and co-ordinate working of all District Sports Academies. The said Director was respondent No. 1 before the Labour Court and is respondent No. 2 here. Industrial Court which has passed reversing order is respondent No. 1 before this Court.

(3.) Petitioner filed ULPA Complaint No. 113/1997 on 20-10-1997 contending that he was earlier working with some other Government establishment and he had completed three years of apprentice ship services.