MANAGING DIRECTOR, SHRI DOODHGANGA VEDGANGA SAHAKARI SAKHAR KARKHANA LTD. Vs. MARUTI PANDURANG PATIL AND ORS.

JUDGEMENT

(1.) AS these Revision petitions are directed against common order passed below Application Ex. C -35 in application (BIR) Nos. 20 to 41 of 1995 and 5/96 passed by the Judge, Labour Court, Kolhapur on 12th July 1996 and as parties to these Revision petitions consent to decide present petitions under common judgment and order, these Revision petitions are being disposed off under common judgment and order. The original Petitioners filed applications under Section 78 and 79 of B.I.R. Act, 1946 for the relief of declaration that action and order of dismissal of the Petitioners is illegal against Standing Orders and for further relief of direction to Respondent to reinstate the Petitioners with continuity of service and full back wages, contending inter alia as under: - -

(2.) THE Respondent resisted the petition in the written statement Ex. 11 denying the status of Petitioners as employees under the Act and contending that there was settlement between the Respondent factory and recognised union regarding staffing pattern of factory and there was also Award of the Industrial Court regarding manner of recruitment and fitment. The present dispute is not individual dispute but it is an industrial dispute.

(3.) THE original Petitioners produced xerox copies of wage bills and Respondent produced zerox copies of cash vouchers. The Respondent further gave statement according to voucher in respect of payment of bills to contractors.