HE MANAGER(FACTORY) MAHARASHTRA STATE COOPERATIVE MARKETING FEDERATION LTD. & ANR. VS. SURESH

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.27 OF 2015

(Arising out of SLP(C)NO.23294 OF 2014)

THE MANAGER(FACTORY) MAHARASHTRA STATE

COOPERATIVE MARKETING FEDERATION LTD. & ANR. … APPELLANTS

VS.

SURESH S/O DADARAO GADGE … RESPONDENT

 

The respondent had been appointed as a peon on daily wage basis on 1st July, 1994 and was discontinued from service from 4th March, 1996, without making any payment of retrenchment compensation. It is an admitted fact that the respondent had not been engaged to work by following the normal practice and thus he was engaged by way of “back door entry”. The respondent had challenged his termination by approaching the Labour Court, Nanded (Maharashtra). The Labour Court, by its Award dated 29th December, 2010, in Comp. ULP /No.2 /1996, decided in favour of the respondent, whereby it was directed that he should be reinstated in service with continuity of service from 4th March, 1996, but without back wages. The said Award has been affirmed by the learned Single Judge of the High Court by its judgment and order dated 27th March, 2014, passed in Writ Petition No.8809 of 2012.Being aggrieved by the judgment delivered by the High Court affirming the Award passed by the Labour Court, the appellant-employer has approached this Court….read more