SHRI DUDHAGANGA VEDGANGA SAHAKARI SAKHAR KARKHANA LTD. Vs. SHRI SANDEEP VASANTRAO PATIL AND 319 OTHERS

JUDGEMENT

(1.) THESE Revisions under section 85 of the Bombay Industrial Relations Act, 1946 are filed by original Opponent Sugar Factory challenging legality of common judgment and order (Part -I) passed in Application (BIR) Nos. 13 to 331 of 2000 by the Labour Court, Kolhapur, where it while deciding preliminary issue of maintainability of the original applications, held that they are maintain. All present Respondent (hereinafter referred to as "the Applicants") filed Application (BIR) Nos. 13 to 331 of 2000 before the labour Court, Kolhapur on 1st August, 2000 under sections 78 and 79 of the Bombay Industrial Relations Act, 1946, against present Petitioner (hereinafter referred to as "the Sugar Factory") challenging their oral termination dated 16th January, 2000 and prayed for requisite reliefs.

(2.) ADMITTEDLY , the Sugar Factory is a Co -operative society, registered under the Maharashtra Co -operative societies Act, 1960 and further amenable to the provisions of Bombay Industrial Relations Act, 1946 and rules thereunder.

(3.) IT is further case of the Applicants that Bye -laws and Standing orders applicable to the Sugar Factory provide that any employee who is in employment for more than 6 months shall be deemed to be a permanent employee and cannot be terminated without due process of law and without reasoned written order. But the Sugar Factory has altogether violated Rules and the Standing Orders and mala -fidely terminated them orally.