RAMU APPA DESAI Vs. DAWN MILLS COMPANY LIMITED

JUDGEMENT

(1.) BY this petition filed under Article 226 of Constitution of India, the petitioner has impugned Judgment and Order dated 19th January 1987 passed by the respondent No. 2 in Application (B. I. R.) No. 90 of 1985 and Judgment and Order dated 18th January 1988 passed by the respondent No. 3 in Appeal (I. C.) No. 13 of 1987. By the abovereferred order dated 19th January, 1987, the Labour Court dismissed the application of the petitioner made under section 79 of Bombay Industrial Relations Act, 1946 read with section 78 and section 42 (4) of the said Act complaining against Order of dismissal dated 14th February 1983. By the abovereferred Order dated 21st January 1987, the Industrial Court dismissed the appeal preferred by the petitioner against the said order.

(2.) IN my opinion, the writ petition preferred by the petitioner against the abovereferred two orders is liable to fail. For the reasons discussed in later part of the order, the petition is dismissed with no order as to costs.

(3.) IT is well settled that the writ Court in exercise of its jurisdiction under Article 226 of Constitution of India, does not and cannot normally interfere with the findings of fact arrived at by the Labour Court and the Industrial Court unless it is satisfactory demonstrated that the findings of fact in issue are based on no evidence or are perverse in the sense that no reasonable person could have arrived at such findings. Keeping this principle in mind, let me now turn to the submissions made by the learned Counsel for the petitioner at the Bar.