The Division Bench dismissed the Labour Appeal preferred by the State against orders held by the Single Judge as well as Labour and Industrial Courts in favour of a plantation worker, finding no merit in the challenge.
The Labour Appeal was dismissed. The Civil Application was disposed of without order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
LETTER PATENT APPEAL STAMP NO. 6339 OF 2013 IN WRIT PETITION NO. 9923 OF 2011 WITH
CIVIL APPLICATION STAMP NO. 6342 OF 2013
The State of Maharashtra
Vs.
Shri Appaso Siddhu Mail .. Respondent
Ms. Kavita N. Solunke, AGP for appellant-State.
CORAM: NARESH H. PATIL & G. S. KULKARNI, JJ. Digitallysigned by Pravin Pravin Dasharath JULY 25, 2018. DasharathPandit PanditDate: 2018.07.26 11:56:37 P.C. +0530
P.C.
by the Labour Court, Sangli in Complaint (ULP) No. 31 of 2000 and an order dated 10/6/2011 passed by the Industrial Court, Sangli in Revision Application (ULP) No. 21 of 2010 in Writ Petition No. 9923 of 2011 before this court. The Writ Petition No. 9923 of 2011 was considered on merits by the learned Single Judge of this court. By a reasoned order dated 2/4/2012 the learned Single Judge dismissed the said writ petition.
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9923 of 2011 by order dated 2/4/2012 observed in paras 5, 6 and 7 as under:
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“5. Mr. Sawant, learned AGP appearing for the petitioner – Social Forestry Department, relined upon the judgment of learned Single Judge of this Court in Plantation Office, Social Forestry & Anr. vs. Rashtriya Mazdoor Sena 2009(6) LJSoft 66 to contend that the Social Forestry Department is not an industry.
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(G. S. KULKARNI J.) (NARESH H. PATIL,J.)
2 issues framed by the court
Whether the appeal challenging the Labour Court and Industrial Court orders dismissing the writ petition has merit.
Whether the issue regarding the Social Forestry Department being an industry raises the need to stay the impugned order.
Colour shows how this judgement treated each authority
Planation Office, Social Forestry & Anr. vs. Rashtriya Mazdoor Sena 2009(6) LJSoft 66Referred¶23
Chief Conservator of Forests vs. Jagannath Maruti Kondhare [(1996) 2 SCC 293]Referred¶24
Bangalore Water Supply & Sewerage Board vs. Rajappa [(1978) 2 SCC 213]Referred¶25
State of Gujarat & Ors. vs. Pratamsingh Narinh Parmar [(2001) 9 SCC 713]Referred¶25
The State of Maharashtra
Shri Appaso Siddhu Mail
NARESH H. PATIL
G. S. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
