LAWS(BOM)-1987-7-49

VASUDEO AMBRE Vs. STATE OF MAHARASHTRA

Decided On July 23, 1987
VASUDEO AMBRE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appeal impugns the order of summary dismisal of the Appellant's writ petition with the single word "Rejected."

(2.) The Appellant was employed by the Mill Mazdoor Sabha (the second respondent herein) which is a trade union registered under the Trade Union Act, 1926. The Appellant's services were terminated. It was the Appellant's contention in conciliation proceedings which he initiated that his dismissal was actuated by malafide considerations. A failure report was filed in the conciliation proceedings. Thereafter, by an order dated 31st May 1982, the State of Maharashtra (the first respondent) denied to refer the dispute for adjudication since "the disputant Shri Vasudeo Ambre is not a workman within the meaning of the Industrial Disputes Act vide Section 2(s)".

(3.) The Appellant filed the writ petition to assail the refusal to refer upon this ground. The learned single Judge, as aforesaid, rejected the writ petition.