MUNICIPAL COUNCIL, CHHALISGAON Vs. SHANTARAM

JUDGEMENT

(1.) In the first petition, though the matter was listed for "passing orders" on dismissal on 20/06/2019, by order dtd. 06/05/2019, Mr. Patil, learned Advocate appearing on behalf of the respondents brought it to the notice of the Court that the other 2 writ petitions are being taken up for hearing and disposal on 08/05/2019 and the first petition herein, being an identical petition, may be taken up alongwith the other 2 petitions. Hence the first petition is listed today alongwith other 2 petitions.

(2.) In WP No.6126/1999 and 6137/1999, the Municipal Council, Chalisgaon is aggrieved by the identical judgments delivered by the Industrial Court, both dtd. 17/03/1997 vide which Complaint (ULP) Nos.425/1990 and 423/1990 have been allowed. The Industrial Court has declared that the petitioner is guilty of unfair labour practices under Item 6 of Schedule IV of the MRTU and PULP Act, 1971. The respondents are granted permanency as a "Majdoor" with retrospective effect, with all benefits incidental and consequential to permanency.

(3.) In WP No.3948/1999, the Labour Court, Jalgaon delivered the impugned judgment and award dtd. 05/05/1999 thereby partly allowing Ref.(IDA) No.11/1995 and by setting aside the oral termination dtd. 09/09/1991, reinstatement with continuity of service is granted to the respondents Shantaram Kashinath. His statement of waiving the back wages was accepted and he was deprived of full back wages.