Ramesh Shivaji Awale vs Pune Municipal Corporation Thr ...
2023 Latest Caselaw 4188 Bom

SWAROOP Digitally
        by SWAROOP
                  signed

SHARAD SHARAD PHADKE
PHADKE Date:  2023.04.26
        10:46:46 +0530
                                                                         20 wp 5158 of 2023.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                        WRIT PETITION NO.5158 OF 2023

Ramesh Shivaji Awale                       ...      Petitioner
     versus
Pune Municipal Corporation Ravi Bhadrappa Randale                                   ...
     Respondent

Mr. Tanmay Jadhav i/by Mr. Nikhilesh Pote, for Petitioner.
None for Respondents.

                           CORAM:     N.J.JAMADAR, J.

                           DATE :     25 APRIL 2023

P.C.

1. Heard the learned Counsel for the Petitioner.

2. This Petition takes exception to the Judgment and Order dated 2

September 2022 in Revision Application (ULP) No.83 of 2019 passed by the learned

Member, Industrial Court, whereby the Industrial Court allowed the Revision

Application by setting aside the judgment and order dated 27 May 2019 passed by the

Labour Court in Complaint (ULP) No.66 of 2007 and dismissed the complaint.

3. By the said order dated 27 May 2019, the Labour Court had declared

that the Respondent Corporation has engaged in unfair labour practice under clauses

1(a), (b), (d), (f ) and (g) of Item 1 of Schedule IV of the Maharashtra Recognition of

Trade Unions and Prevention of Unfair Labour Practices Act, 1971 and set aside the

dismissal order dated 19 May 2007 with direction to the Respondent Corporation to

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20 wp 5158 of 2023.doc

reinstate the Petitioner to the original post with continuity of service and full

backwages from the date of the dismissal order.

4. Arguable questions are raised.

5. Issue notice to the Respondent, returnable on 27 June 2023.

6. In addition to the notice through Court, the Petitioner is at liberty to

serve the Respondent by private service and file an Affidavit of Service.

                                                                  ( N.J.JAMADAR, J. )




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