BHARAT HEAVY ELECTRICALS LTD Vs. R D SAXENA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 19th August 1980 passed by Oza J. allowing Misc. Petition No. 275 of 1978.

(2.) THE facts briefly stated are that respondent No. i R. D. Saxena was employed as Upper Division Clerk in the Cost Accounts Section of the appellant at Bhopal. On 27th April 1965 the respondent was transferred to the liaison and Purchase Office at Bombay. The respondent applied on 11th august 1965 to the Labour Court challenging the order of transfer. The respondent was intimated on 23rd August 1965 that he overstayed leave and he must be deemed to have left the service of the appellant Company in accordance with Standing Order 42 (10 ). The respondent then amended the application pending in the Labour Court for challenging the termination of his service. The Labour Court by order dated 11th September 1968 dismissed the application. A revision against this order was dismissed by the Industrial court on 14th July 1970. A writ petition filed by the respondent challenging the aforesaid orders of the Labour Court and the Industrial Court was dismissed by the High Court on 31st March 1971. Application for leave to appeal to the Supreme Court was also dismissed on 3rd February 1972. The respondent then made another application to the Labour Court on 22nd october 1974 for claiming the following reliefs :-

(3.) THE doctrine of res judicata including constructive res judicata has been applied to industrial adjudications by the Supreme Court in Bombay Gas co. v. Jagannath Pandurang, AIR 1972 SC 2356. and State of U. P. v. Nawab Hussain, AIR 1977 SC 1680. The supreme Court in Mumbai Kamgar Sabha v. Abdulbhai, AIR 1976 SC 1455=1976 SCC (Lab.) 517. has expressed some doubt as to the extension of the doctrine of constructive res judicata to industrial adjudications but the view taken on this point in Jagannath pandurang's case and Nawab Hussain's case still stands and we in the High court can only proceed upon the view that constructive res judicata applies to industrial adjudications.