SRI ENTERPRISES Vs. ANIL GANPAT TATHE

JUDGEMENT

(1.) Heard Mrs. S.S. Rajvaidya, Counsel appearing for the petitioner and Mr. V.I. Thole counsel for respondent Nos.1 to 5. Rule. With the consent of the parties, the matter is taken up for final disposal at admission stage.

(2.) The petitioner herein is an employer, who is raising challenge to the order passed by the Member, Industrial Court, Aurangabad on 4.1.2007 in Complaint (ULP) No.7/2006. The complaint was presented by the employees complaining of alleged commission of unfair labour practices under items 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The complainants in nutshell made a grievance that some amount towards arrears of wages and retrenchment compensation is recoverable from the employer. The amount recoverable comes to Rs.3,44,752/-.

(3.) In reply to the notice issued by the Court on receipt of the complaint, the respondent did not cause appearance. It is noted in para 4 of the judgment that the notice issued to the respondent was returned back as the same was not accepted by the concerned respondent. The learned Member, therefore, had no other alternative except to proceed exparte in the matter. The Member, Industrial Court, as such, by final order, directed recovery of amount against the respondent towards arrears of increment, retrenchment compensation, gratuity etc.