VASANT VISHWANATH BORDEKAR Vs. STANDARD INDUSTRIES LTD

JUDGEMENT

(1.) THE petition has been filed against the order passed by the Labour Court by which it has been held that the application filed under Section 78 of the Bombay Industrial Relations Act, 1946 (in short, "the B.I.R. Act"), was not maintainable for want of a proper approach letter which is required to be issued by a workman under Section 42(4) of the Act. The appellate Court under the B.I.R. Act has confirmed the order passed by the Labour Court.

(2.) THE facts in the present case are as under:-

(3.) EVIDENCE was led before the Labour Court in which the workman deposed that he had not received any letter dismissing, discharging or terminating him from service, from the employer. He further deposed that, after 18.1.1982 he had not received any letter or notice or termination order despite the fact that he was residing at the same place i.e. the last known address recorded by the mill. The workman has further stated that he was drawing about Rs.300/- per month on occasions after his termination from service.