JAYAVANT YASWANT RAUT Vs. SIMPLEX MILLS LTD

JUDGEMENT

(1.) THIS Writ Petition under Article 227 of the Constitution of India is directed against an order of the Industrial Court, Bombay, dated September 10, 1987 made in appeal (IC) No. 73 of 1986 under Section 84 of the Bombay, Industrial relations Act. 1946, hereinafter referred to as 'the Act'.

(2.) THE petitioner was employed in the First Respondent's service from 1972 in the Drawing Department and was getting Rs. 700/ - as his last drawn wages. From January 18, 1982 here was a general strike in the Cotton Textile Industry called by an unregistered union, Maharashtra Girni Kamgar Union. Though the strike was called by an unrecognised union not registered under the provisions of the Act, it received wide response from the employees in the Cotton Textile Industry. A large number of employees were thrown out of service with scant regard being paid to principles of natural justice or any procedure under the law and the Standing Orders. The Petitioner appears to be one such victim.

(3.) THE Labour Court, by an order dated June 17, 1986, dismissed the application by holding that the Petitioner had been dismissed from service by an order dated September 26, 1982 and, therefore, the letter of approach sent by him on May 31, 1984 was not within the limitation prescribed under Rule 53(2) of the Bombay, Industrial Relations Rules, 1947. The Labour Court took the view that, since the approach letter itself was not valid, the application under Section 78 was not maintainable and, in this view of the matter, dismissed the application.