SEWAKRAM RAGHUNATHJI POTBHARE Vs. MAHARASHTRA STATE
HIGH COURT OF BOMBAY (AT: NAGPUR)
Sewakram Raghunathji Potbhare
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INDIRA JAIN,J. -
(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned Counsel for the parties.
(2.) The challenge in this petition is to the judgment and order dated 14.08.2015 passed by the learned Industrial Court, Nagpur in Complaint (ULP) No. 210 of 2003, thereby dismissing the complaint filed by the petitioners claiming arrears of difference of wages as ex gratia with effect from April/May, 2001 till 31032003 on the basis of minimum piece rates under the Settlements of 1985 and 1996. In addition to the difference of wages petitioners also claimed gratuity with interest at the rate of 12%.
(3.) The facts giving rise to the petition may be stated in nutshell as under:
The respondent No. 2 is subsidiary Company under the control of respondent No. 1Maharashtra State Textile Corporation Limited. Respondent No. 3 is recognized Union under the Bombay Industrial Relations Act, 1946 (for short, 'B.I.R. Act, 1946'). It was the case of the petitioners that on 05.06.1985 Settlement was entered into between respondent Nos. 2 and 3. As per the terms and conditions of the said Settlement minimum basic wages were fixed for the employees engaged on piece rate basis on the posts of Weaver, Reliever, Beam Gaiter and Tackler/Jobber of Weaving Department. ;
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