LAWS(BOM)-2024-4-195

DATTU SHANKAR DHUMAL Vs. SHIPPING SERVICES

Decided On April 01, 2024
Dattu Shankar Dhumal Appellant
V/S
Shipping Services Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned Counsel for parties, Petition is taken up for hearing and disposal.

(2.) Petitioner has filed this Petition challenging Judgment and Order, dtd. 4/7/2018 passed by the First Labour Court at Mumbai in Complaint (ULP) No.203 of 2016 as well as Judgment and Order dtd. 30/4/2019 passed by the Industrial Court, Mumbai in Revision Application (ULP) No.98 of 2018. The Labour Court has dismissed Complaint filed by the Petitioner challenging his termination and his Revision Application is dismissed by the Industrial Court. Petitioner is before this Court challenging the concurrent findings recorded by the Labour Court and Industrial Court.

(3.) Briefly stated, facts of the case are that Petitioner claims to have initially joined M/s. United Carriers on the post of 'Clerk' on 1/6/1992. According to him, M/s. United Carriers was being run by same Management as that of Respondent No.1-M/s. Shipping Services. He claims that in the year 2006, the operations of M/s. United Carriers were closed and Petitioner was transferred in the services of the First Respondent-M/s. Shipping Services where he started functioning as Head Clerk. That M/s. Shipping Services is engaged in the business of transportation. Respondent No.2 is the proprietor of Respondent No.1. That there is another sister concern of same Management M/s. Damani Shipping Pvt. Ltd. and the Employees of M/s. Shipping Services were often deployed to carry out work of M/s. Damani Shipping Pvt. Ltd., which is a Custom House Agent.