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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.94 OF 2008

WITH
WRIT PETITION NO.95 OF 2008

The Commissioner of Agriculture,

Maharashtra State, Pune-1 and others.
...PETITIONERS.

VERSUS

Marathwada Sarva Shramik Sanghtana,

Parbhani.
...RESPONDENT.

...
Smt. B.R. Khekale A.G.P. for Petitioners in both
the Writ Petitions.
Shri. S.T. Shelke Advocate for Respondent in both
the Writ Petitions.
...

CORAM: R.M. BORDE, J.

DATE : 19TH AUGUST, 2008.

P.C. :

1. Heard learned A.G.P. Smt. Khekale for the

petitioners and learned counsel Shri. S.T. Shelke

for the respondent. The petitioner State is raising

challenge to the common order passed by the Industrial

Court, Jalna on 28/8/2007 in Complaint (ULP) No.29 of

2002 and Complaint (ULP) No.119 of 2001, whereby the

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Industrial Court has directed the State Government to

regularise the services of the employees whose names

are incorporated in Schedule A annexed to the

Complaints. It is contended that the employees were

engaged as daily rated employees and by virtue of

their continuation, according to complainant, they are

entitled for regularization in service.

2. Considering the contentions raised by the

contesting parties, the Petition deserves

consideration, hence ’Rule’.

3. So far as interim relief is concerned, the

employer i.e. petitioner State shall continue the

employees listed in Schedule A annexed to the

Complaints as before (i.e. prior to presentation of

the Complaints before the Industrial Court) as daily

rated employees. So far as the direction contained in

paragraph No.3 of the operative portion of the Order

passed by the Industrial Court on 28/8/2007, shall

stand stayed during the continuance of these

Petitions.

(R.M. BORDE, J.)

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asb/u/wp94.08

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