C S DIXIT Vs. BAJAJ TEMPO LIMITED

JUDGEMENT

(1.) BY order dated 26th February, 1992, the learned Single Judge of this Court was pleased to refer this matter to a larger Bench under the following circumstances.

(2.) AN order of the First Labour Court, Pune, in Reference (IDA) No. 172 of 1984 was challenged in the present petition before the learned Single Judge. The view taken by the First Labour Court was in view of the provisions of section 59 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the Act) and it had not entertained the award. As could be seen from the file, the learned Single Judge by his order dated 18th February, 1992, in this very petition, had taken a decision in favour of the petitioner, but before he could sign the judgment, the Division Bench judgment of this Court was brought to his notice rendered in (Shivaji Agricultural College, Amravati v. Mukhtyar Ahmed s/o Haji Mian Sheikh and another), reported in 1987 Mh. L. J. 646. In the earlier order of 20th February, 1992, on behalf of the petitioner, reliance was placed on a judgment of the Division Bench of this Court given in (Maharashtra State Road Transport Corporation v. Yadao) reported in 1985 L. I. C. 1012.

(3.) HAVING noted these two judgments, the learned Single Judge found that there is a conflict between the two.