CHIEF ENGINEER,IRRIGATION Vs. THE MEMBER,INDUSTRIAL

JUDGEMENT

(1.) This Bench has been constituted as larger Bench for placing these three writ petitions to decide the question, whether Rule 81 of Industrial Disputes (Bombay) Rules, 1957 is mandatory and whether termination effected in breach thereof, becomes void and non-est?

(2.) The above-referred Petitions were placed before the learned single Judge of this Court on 4th February, 2011. The learned single Judge noticed some divergence in views taken by respective learned single Judges. The judgments in which different views appear are mentioned in the order of reference passed by learned single Judge on 4th February 2011. Those judgments are Prakash Murlidhar Dalal v. Tata Engineering and Locomotive Co. Ltd. and others, reported in 1996 (1) Mh. L.J. 654; Chemical Mazdoor Sabha v. M/s. Vital Organics Pvt. Ltd., reported in 1995 (2) Mh. L.J. 602; and, Catalyst (India) Pvt. Ltd.,Thane v. Banwari alias Banzaru Mukram Rajbhor, reported in 2008 (3) Mh. L.J. 911.

(3.) Accordingly, we have heard Advocate (Mrs) U.A. Patil, for employer; Advocate Shesh for respective workmen. Mr. V.P. Maldhure, learned AGP has appeared for the Tribunal.