BATA INDIA LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In both these petitions, the petitioner is the same company and respondent No.3 are the employees, at issue. Respondent Nos.1 and 2 are the State authorities under the Industrial Disputes Act, 1947 (for short, "the ID Act"). Both the cases are identically placed.

(2.) The issue that I am deciding in these cases is, whether rejection of an application for condonation of delay in a ULP complaint filed under Sec. 28(1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, (for short, "the 1971 Act") would attract the Bar of Sec. 59 of the said Act.

(3.) The learned senior counsel representing the petitioner is aggrieved by the orders of Reference of the industrial disputes, by the competent authority, dtd. 15/03/2019 and 21/03/2019. By the said orders, the competent authority has concluded that the industrial dispute raised by the respondent-employees needs to be referred to the Labour Court for considering whether they should be reinstated in service with continuity and full back wages from the dates of their termination.