NALWA METALS AND ALLOYS LIMITED Vs. VISHWANATH KHEDARAM

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India impugns an Award dated 30th October, 1990 made by the Second Labour Court, Thane, in Reference (IDA) No.113 of 1981 under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').

(2.) THE only facts necessary for deciding this writ petition are : The First Respondent was employed in an industrial concern by name M/s. Kumar Steel & General Mills at Vikhroli, Bombay, as a Watchman drawing last salary of Rs.240/- per month and was removed from service by his Employer with effect from 26th December, 1980. The First Respondent deman-ded reinstatement and, having failed to obtain the relief of reinstatement, raised an industrial dispute for reinstatement with consequential benefits which was processed under the Act and referred for adjudication to the Labour Court vide Reference (IDA) No.113 of 1981.

(3.) THE present writ petition was filed by the Petitioners on 10th June, 1991 to impugn the award of the Labour Court. All that is stated in the petition is that the First Respondent was in the employment of the erstwhile M/s. Kumar Steel & General Mills and First Petitioner Company "took over the business of M/s. Kumar Steel & General Mills situated at Lal Bahadur Shastri Marg, Vikhroli, in the last quarter of 1980". It is not indicated in the writ petition as to in what manner the impugned Award was liable to be executed against the First Petitioner Company, nor as to whether any attempt was made to execute the said Award.