LAWS(BOM)-2023-6-151

BHATIYA GENERAL HOSPITAL Vs. HANMANT ANANDRAO RAJE

Decided On June 05, 2023
Bhatiya General Hospital Appellant
V/S
Hanmant Anandrao Raje Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, heard finally at the stage of admission.

(2.) This petition under Article 226 of the Constitution of India assails the judgment and order dtd. 21/1/2022 passed by the learned Member, Industrial Court at Mumbai in Complaint (ULP) No. 366 of 2018 whereby the learned Member was persuaded to hold and declare that the petitioners/ employers engaged in unfair labour practices under Items 5, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (the Act, 1971) and direct the petitioners to cease and desist from engaging in unfair labour practices and quash and set aside the letter dated 28 th July, 2018 and email dtd. 30/7/2018 and the consequent action and also direct the petitioners to grant medical and monetary benefits as well as leave facilities which the respondents/ complainants were enjoying prior to August, 2018 and extend the same service conditions which the respondents/ complainants were enjoying before they were sought to be changed by the communications which were quashed and set aside.

(3.) Shorn of unnecessary details, the background facts leading to this petition can be stated as under:-