KOLHAPUR MUNICIPAL TRANSPORT KOLHAPUR Vs. DHAIRYASHEEL KESHAV MANE

JUDGEMENT

(1.) The present Writ Petition is filed by the Petitioner-Municipal Corporation in the matter of unfair labour practice under item Nos. 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, (for short, "The MRTU & PULP Act") whereby, the learned Industrial Court, Kolhapur, by an order dated 08/12/2008 directed the Petitioner as under:

(2.) This Court in Association of Engineering Workers v. Permanent Magnets Ltd. and Anr., 1999 4 BomCJ 498, has considered that the Industrial Court has jurisdiction to pass and deal with the issue regarding the subsistence allowance during the suspension. The learned Counsel appearing for the Petitioner, therefore, in view of this Judgment, has not pressed the issue further as the point is already covered and decided of raising the plea of subsistence allowance in view of Section 28 and Schedule IV , Item No 9 of the MRTU & PULP Act.

(3.) So far as the entitlement of suspension allowance, as observed by the Industrial Court, in my view, the delay cannot be attributed only to the Complainant, in the present facts and circumstances of the case. The Industrial Court has observed that: