BHAGCHAND KAPURCHAND GARADE Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition challenges the judgment and order dated 16.7.2005, passed by the Industrial Court, Bhandara, dismissing the Complaint (ULP) No.85 of 2003, filed by the petitioner/complainant under Section 28 read with Items 5,6 and 9 of SchedulelV of MRTU and PULP Act, 1971. The claim of the petitioner/ complainant was that from 14.9.1989 to 16.10.1991 he had completed more than 240 days continuous service and hence, as per the provisions of Clause 4C of the Model Standing Orders framed under the Bombay Industrial Relations Act, 1946, the complainant is entitled for the status of deemed permanency.

(2.) It is not in dispute that on 16.10.1991, the petitioner/complainant was terminated from service and he had filed the Complaint (ULP) No. 121 of 1991, the said complaint was dismissed on 21.10.1995 by the Labour Court, Bhandara. The revision against it, was allowed by the Industrial Court, Bhandara, on 8.3.2001. The employer preferred Writ Petition No.2175 of 2001, in which an interim order was passed by this Court, that the regularization and the status of the present petitioner/complainant shall be subject to the outcome of the writ petition.

(3.) Shri M.P.Jaiswal, the learned Counsel appearing for the petitioner, informs that the petition was decided subsequently on 19.8.2009 and the mater was remanded back to the Labour Court, Bhandara, for decision afresh. He further submits that on 28.3.2001 the said complaint was allowed directing the reinstatement with continuity in service and full back wages to the petitioner/complainant. He further submits that the finding was recorded that the petitioner/complainant had completed 240 days continuous service preceding the date of his termination on 16.10.1991 and there was noncompliance of Sections 25F and 25G of the Industrial Disputes Act, 1947 and hence, the complaint was allowed.