MAHOMED USMAN RAHIMTOOLA Vs. LABOUR APPELLATE TRIBUNAL BOMBAY

JUDGEMENT

(1.) THIS is an appeal from an order of Shah J. by which he directed a writ of certiorari to issue against the Labour Appellate Tribunal.

(2.) THERE was a dispute between the workers of the Elephant Oil Mills, Ltd. , and the mills and this dispute was referred to the Industrial Tribunal, and the Tribunal made its award on 19-10-1950. There was an appeal to the Labour Appellate Tribunal and the Labour Appellate Tribunal gave its award on 8-2-1951, and the appellant before us, who is a worker of the mills, preferred this petition to this Court alleging that no notice of appeal had been served upon him, that he had not been heard by the Appellate Tribunal, that there was a violation of the rules of natural justice, and therefore, the award of the Appellate Tribunal should be quashed.

(3.) THE learned Judge below upheld the contention of the appellant. He held that he had not been heard by the Appellate Tribunal, and the order that he made was that the award of the Appellate Tribunal in so far as it modifies the award to the prejudice to the petitioner be vacated, and he further directed that the Appellate Tribunal do hear the appeal against the petitioner after giving him adequate notice of the date of the hearing of the appeal.