JASMINE MILLS PVT LTD Vs. NARAYAN C AIL

JUDGEMENT

(1.) This Revision Petition raises an interesting question of law under S. 2-A of the Industrial Disputes Act, 1947 .

(2.) In this Revision Petition the petitioners have impugned the judgment and order of a learned Judge of the City Civil Court dated 13-3-1978. The respondent herein, who will hereinafter be referred to as 'the plaintiff was employed by the petitioners (hereinafter referred to as 'the defendants') as a 'Warper in the Warping Department of the defendants on a salary of Rs. 4/- per day together with dearness allowance aggregating to Rs. 180/- per month. It appears that the plaintiff fell into disfavour with his employers on account of his involvement in union activities. The defendants by their notice dated 16-11-1964, which was annexed as Ex-D to the plaint, terminated the services of the plaintiff. The plaintiff thereupon filed a suit in the Bombay City Civil Court, being Suit No. 130 of 1965. against the defendants praying firstly for a declaration that the notice dated 16th Nov. 1964 served by the defendants upon him was illegal, void and of no elect in law and not binding upon him and that the plaintiff continued to be in the employment of the defendants on and after 16th Nov. 1964 on the same terms and conditions. Secondly, the plaintiff prayed for a decree in the sum of Rs. 216/- being the arrears of salary from 16th Nov. 1964 up to the date of the filing of the suit together with interest thereon at 6 per cent per annum. Thirdly, the plaintiff prayed that the defendants may be ordered to pay future wages or salary at the rate of Rs. 4/- per day plus dearness allowance aggregating to Rs. 180/- per month from the date of the filing of the suit till the plaintiff was reinstated in service by the defendants, together with interest on that sum at the rate of 6 per cent per annum.

(3.) The suit came up for hearing and final disposal on 9-2-1977 (Sic) when certain issues were raised. The following two issues were raised as preliminary issues :