Mr. Tukaram Aba Zambre And ORS. v. Thane Municipal Corporation And And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.19 OF 2017 Tukaram Aba Zambre and Ors.

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Petitioners versus Thane Municipal Corporation and Anr.

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Respondents Mr. A.K.Jalisatgi with Mr. Amol Desai i/by Mr. R.R.Mishra, for Petitioners. Mr. Mandar Limaye with Mr. Yatin Malvankar, for Respondent Nos.1 and 2. CORAM: S.J. KATHAWALLA, J.

DATE: 12 th OCTOBER, 2017 P.C.:

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Heard the learned Advocates for the parties and the following order is passed by consent :

(i) The impugned order passed by the 3 rd Labour Court, Thane, dated 1011-2014 is set aside to the extent of the findings qua Issue Nos.3 and 4. (ii)The Third Labour Court, Thane shall allow the parties to file further documents in their possession and hear the matter afresh qua Issue Nos.3 and 4 and pass orders within a period of 8 weeks from the date of this order. (iii)The Original records like overtime register and the payments made towards overtime to the Petitioners shall be produced by the Respondents before the Third Labour Court, Thane to enable the Court to decide Issue Nos.3 and 4 afresh. (iv)The parties and their Advocates shall appear before the Third Labour SSP 1/2

wp 19 of 2017 (922).sxw Court, Thane on 23 rd October, 2017 at 11.00 a.m. and after producing a copy of this order, obtain necessary directions.

(v) All contentions of the parties are kept open. (vi)The above Writ Petition is accordingly disposed off. ( S.J.KATHAWALLA, J. ) SSP 2/2