MAHARASHTRA STATE COTTON MARKETING EMPLOYEES CO-OPERATIVE SPINNING MILL LIMITED Vs. SATISH NARAYANRAO GAWANDE

JUDGEMENT

(1.) A learned Single Judge of this Court in Maharashtra State Cotton Marketing Employees Co-operative Spinning Mill Limited, Akola Vs. Satish Narayanrao Gawande, 2019 6 BCR 15, while considering an issue as to whether the Court had the power to condone the delay if an application under Section 31 (2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short "the Act of 1971" hereinafter) was made after a period of thirty days from the date of such ex parte order, but within thirty days of receiving the copy of such ex parte order, and noticing the conflict of views as indicated in para 15 thereof (para 17 of 2019 SCC OnLine Bom 247) which is as under :-

(2.) On 24/3/2021, considering the prima facie opinion as expressed in the referral order, dated 1/10/2019 that there did not appear any bar or prohibition to entertain an application for restoration, if made after a period of 30 days of receipt of the copy of the order, we felt that the original question framed, as it did not address this view, an additional question was required to be framed, which naturally and consequentially followed the question framed and referred. We therefore framed the following additional question :-

(3.) Section 31 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, reads as under :-