PANDURANG NANASAHEB JAGADALE Vs. CHAIRMAN & ORS.

JUDGEMENT

(1.) This is a writ petition under Art. 227 of the Constitution by the petitioner-workman challenging the Judgment and order passed by the learned Member of the Industrial Court, Pune on Oct. 20, 1982 in revision application (ULP) No. 8 of 1981.

(2.) The petitioner filed a complaint of unfair labour practice, being complaint (ULP) No.13 of 1978 against the respondent Nos.1 and 2 in the Labour Court at Kolhapur challenging termination of his services, under item Nos. 1(a), (b), (d) and (e) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the MRTU & PULP Act'). The learned Labour Judge, Kolhapur by his Judgment and order dated May 21, 1981 dismissed the said complaint on the ground that it was not proved by the petitioner that he was dismissed from service by way of victimisation and not in good faith but under colourable exercise of employer's right for false reasons and in utter disregard of principles of natural justice in the conduct of domestic enquiry and that he was not entitled to any relief whatsoever. Being aggrieved, the petitioner filed revision application (ULP) No.8 of 1981 in the Industrial Court at Pune. The learned Member of the Industrial Court, Pune came to the conclusion that the services of the petitioner were terminated as and by way of victimisation and thus amounted to unfair labour practice. He therefore, by his impugned Judgment and order granted relief to the petitioner of reinstatement with continuity of services but denied him the relief of back wages.

(3.) Being aggrieved, the petitioner invoked the supervisory writ jurisdiction of this Court under Art. 227 of the Constitution.