GULAB NARAYAN TILEKAR Vs. D V INDUSTRIES

JUDGEMENT

(1.) HEARD Ms. Neeta Karnik, learned counsel for the appellant and Mr. S. R. Nargolkar, learned counsel for the respondent.

(2.) ON the application made by the present appellant, appropriate Government referred the industrial dispute for adjudication to the Labour court. The dispute referred was, "shri Gulab narayan Tilekar, whose services have been terminated with effect from February 11, 1989 should be reinstated in his original post with full back wages for the intervening idle period and continuity of service. "

(3.) UPON reference being made, the present appellant (Second party) before the labour Court filed statement of claim and set up the case that he was working with the respondent herein (first party before the Labour court) for the last 18 years and was discharging the duties of seat fitting and he was being paid wages at the rate of Rs. 465. 00 per month. The appellant set up the case that his services were wrongly terminated with effect from February 11, 1989. The respondent herein in response to the statement of claim filed reply and denied having employed appellant-second party. In other words the respondent denied the relationship of the employer and employee between the parties. The II Labour Court after taking into consideration the available evidence found that appellant's employment with the respondent was not established and accordingly, rejected appellant's claim. It appears that thereafter, on the basis of the letter received from ESI Corporation and the identity card, the appellant made review application before the concerned Labour Court. The review application was opposed by respondent herein and the concerned Labour Court by order dated December 11, 1995 rejected the review application holding the same to be not maintainable. The appellant then filed the writ petition before this Court. However, the writ petition came to be dismissed by the learned single Judge vide order dated January 14, 1997. It is this order which is challenged in this letters Patent Appeal.