AMAR BHASKAR VERNEKAR Vs. EMPIRE INDUSTRIES LTD

JUDGEMENT

(1.) Delay in filing the appeal is condoned. Notice of Motion is accordingly disposed of.

(2.) Appeal is taken up for hearing forthwith. Heard counsel appearing for the parties.

(3.) We see no justification to interfere with the order of the learned single Judge as, in our view, the appropriate remedy for the appellants is to raise an appropriate industrial dispute under Section 10 of the Industrial Disputes Act. Having realised the said difficulty, learned Counsel for the appellants submitted that the appellants are willing to raise the dispute under Section 10 of the Industrial Disputes Act, but, according to her, it will be time consuming factor as considerable time is spent by pursuing the remedy under the MRTU & PULP Act. It is true that appellants have spent considerable time in prosecuting the remedy under the MRTU & PULP Act. However, since the grievance of the appellants can be adequately resolved under the provisions of Section 10 of the Industrial Disputes Act, and considering the request on the part of the appellants that they are willing to raise such dispute provided an appropriate direction is given for expediting, the adjudication in that behalf, we permit the appellants to raise their dispute by way of demand before the Conciliation Officer within a period of two weeks from today. The Conciliation Officer may submit his Failure Report, if arty, within a period of four weeks thereafter. The Appropriate Government may, thereafter, take a decision for referring the dispute to the appropriate Court as per the provisions of the Industrial Disputes Act within a period of two weeks after receiving the failure report, if any, from the Conciliation officer. In case the Appropriate Government refers the dispute to the Appropriate Court, the Appropriate Court after receiving the reference from the Government may try to adjudicate the dispute preferably within six months but in any case within a period of one year from the date of receipt of reference. It will be open to the appellants to rely upon the evidence which is led under the MRTU & PULP Act. In case any defence of delay is taken by the respondent Company, the appellants can always point out that the appellants were prosecuting the remedy till this date. It is clarified that this Court has not adjudicated any point on merits of the matter and all the contentions of both the parties are kept open. No other points are argued by the learned Counsel for the appellants.