ABDULLA R. KHAN Vs. CONSTRUCTION & ENGINEERING EQUIPMENTS

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with the consent of the parties, heard finally.

(2.) By this Petition under Article 226 of the Constitution of India, the Petitioner takes exception to a judgment and order dtd. 11/9/2019 passed by learned Member, Industrial Court at Mumbai in Complaint (ULP) No. 421 of 2015 whereby while making a declaration that the Respondent-employer indulged in unfair labour practice under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 ("The Act, 1971"), the learned Member directed payment of back-wages from the date of illegal termination till the alleged closure of the Company on 6/12/2012 and closure compensation, when the Petitioner had alleged unfair labour practice in not implementing the award dtd. 27/3/2015 passed in Reference (IDA) No. 443 of 2010.

(3.) Construction and Engineering Equipments, the Respondent No.1, was engaged in the business of manufacturing of concrete machines. Gamzen Plast Private Limited, the Respondent No.2 is a sister concern of Respondent No.1. Both the concerns are owned and managed by Respondent No.3. Petitioner was employed as a Turner with Respondent No.1 since the year 2003. On 7/11/2008, the Petitioner was restrained from resuming his duty. Respondent thus abruptly terminated the services of the Petitioner verbally.