Ashish S/O. Wamanrao Shinde vs Koradi Thermal Power Gen. Co. ...
2022 Latest Caselaw 13137 Bom

                                                1                                    20wp8107.2022

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                NAGPUR BENCH : NAGPUR
                                WRIT PETITION NO.8107/2022

(Ashish s/o Wamanrao Shinde Vs. Koradi Thermal Power Generation Company Ltd., Maharashtra State
Power Generation Company Ltd., and anoother.)

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Office Notes, Office Memoranda of Coram,                               Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                Shri R.R.Pimalkhute, counsel for the petitioner.

                                            CORAM : VINAY JOSHI, J.

DATED : 16/12/2022.

. Heard.

2. The petitioner/employee was terminated after holding a summary inquiry. The petitioner has filed a complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short 'M.R.T.U. and P.U.L.P. Act) for setting aside dismissal and for backwages. The Labour Court held that the termination was illegal and accordingly directed reinstatement with full backwages.

3. The employer challenged the said order before the Industrial Court who has maintained the judgment of the Labour Court to the extent of reinstatement, however, directed to pay 50% backwages only.

4. The challenge is to the limited extent for reducing the backwages from 100% to 50%. It is the petitioner's contention that, he has categorically made a statement that, he was not employed or was not engaged in work during the mentioned period.

2 20wp8107.2022

5. Moreover, though he wants to join, however, the employer refused and thus, there was the fault of the employer.

Issue notice for final disposal, returnable after four weeks.

(VINAY JOSHI, J.)

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